Olive v. . the Whitney Marble Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at the May term, 1885, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for alleged negligence causing the death of Joseph Olive, plaintiff’s intestate. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at the May term, 1885, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for alleged negligence causing the death of Joseph Olive, plaintiff’s intestate. The material facts are stated in the opinion. The court erred in holding that defendant owed no duty to plaintiff’s intestate and that the boilers were not in charge of the defendant at the time of the accident. (Farwell v.…
1Opinion of the CourtEarl, J.
This action was brought to recover damages for the death of Joseph Olive caused by the explosion of a steam boiler owned by the defendant at Gouverneur in this State. The material facts are as follows : The defendant bought two boilers of the Watertown Steam Engine Company in September or 'October, 1883. They were placed side by side to furnish power for the same machinery and were used until May 3, 1884, when the southerly boiler exploded. The vendor guaranteed that the boilers should be good, constructed in first-class manner, and of good material. Shortly before the explosion, the…
2Cited by18 opinions
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