Van Winkle v. American Steam Boiler Co.

The opinion of the court was delivered by

Beasley, Chief Justice.

This case stands before the court on a demurrer to the declaration.

The facts constituting a summary of the plaintiff's cause of action, as presented in this pleading, are these: That he is the owner of a certain mill in Paterson, near to which is a mill owned by the Ivanhoe Paper Company, in which there' was a large steam boiler, which w'as so situated that if it exploded the building of the plaintiff would be inevitably *241damaged. That the defendant, the American Steam Boiler Insurance Company, “represented and stated” to…