Van Norden v. Robinson
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered in Saratoga county upon tlie report of a referee. The plaintiffs, by their complaint, sought to recover damages for injuries done to their steamboat by the explosion of the boiler of the defendant’s steamboat. Both steamboats were engaged in the towing and coasting trade, upon the Hudson river and vicinity.
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Appeal from a judgment in favor of the defendant, entered in Saratoga county upon tlie report of a referee. The plaintiffs, by their complaint, sought to recover damages for injuries done to their steamboat by the explosion of the boiler of the defendant’s steamboat. Both steamboats were engaged in the towing and coasting trade, upon the Hudson river and vicinity. The plaintiffs’ boat had been duly inspected and .licensed, and its officers in charge had been duly licensed, and these licenses were in force at the time of the injury. The defendant’s boat, at the time of the explosion, had no…
1Opinion of the Court
Landon, J.:
The learned referee held that negligence was’the gist of the plaintiffs’ action, and that although the defendant was guilty of certain negligent acts, such as navigating his steamboat without having had its boiler officially inspected, and also by the employment of an unlicensed engineer, contrary to the provisions óf the Revised Statutes of the United States (§§ 4417, 4418, 4426, 4427, 4438, 4499), yet these acts were not the proximate cause of the explosion, but the same was occasioned by some mysterious cause not ascertainable from the evidence, and, therefore, the defendant was…
2Cases cited17 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Clifford v. . DamNew York Court of Appeals · 1880
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