Caldwell v. . New Jersey Steamboat Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff entered upon a verdict. This action is brought to recover for injuries sustained by plaintiff while a passenger upon defendant’s steamboat. On the morning of October 29th, 1865, plaintiff was a passenger on the steamboat “ St. John ” during a trip from Albany to New York.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff entered upon a verdict. This action is brought to recover for injuries sustained by plaintiff while a passenger upon defendant’s steamboat. On the morning of October 29th, 1865, plaintiff was a passenger on the steamboat “ St. John ” during a trip from Albany to New York. When the boat arrived opposite Twenty-fifth street, New York, an explosion of the port boiler took place, and plaintiff" was scalded by steam and hot water escaping therefrom. He was maimed…
1Opinion of the Court
Church, Ch. J.
Evidence was given by the defendant tending to show that the boiler was made of the best quality of iron, and in the best manner; that the steamer was properly managed in every respect, and that the bursting of the boiler was attributable to natural causes, over which the defendants had no control, and for which they were not in fault. The plaintiff gave evidence, in addition to the fact of the bursting, tending to show that the boiler was defectively constructed, in not being thoroughly braced, and some evidence, although very slight, as to whether the material used was the…
2Cases cited4 opinions
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
- Steinweig v. . the Erie RailwayNew York Court of Appeals · 1870
- Alden v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Hastings v. PalmerNew York Supreme Court · 1838
3Cited by123 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Home Insurance v. American Home Products Corp.New York Court of Appeals · 1990
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