Legal Opinion

Swarthout v. . New Jersey Steamboat Co.

New York Court of Appeals

Decided January 5, 1872PublishedCited by 5 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial district, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial district, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 46 Bar., 222.) This action, brought to recover damages sustained by the plaintiff while a passenger on the defendant’s steam vessel, Isaac Newton, from New York to Albany, was tried at the Rensselaer Circuit, in May, 1865. On the trial it appeared that in December, 1863, while the plaintiff was such passenger, an explosion of one of the boilers of the vessel…

1Opinion of the Court

Gray, C.

Two questions are presented by the bill of exceptions for our consideration. One is, whether an inspection of the vessel, upon which the injury complained of occurred, her boilers, including her entire steaming apparar tus, by the proper officer for that purpose, showing, as the inspector believed and certified, that they came fully up to of legislation by Congress on this subject was to secure to the passengers upon steam vessels greater security against disaster. the requirements of ict of Congress of July T, 1838,' and. the act amendatory . ;he same, passed August 30, 1852,…

2Cited by5 opinions

  1. Egan v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1896
  2. Southern Railway Co. v. MooreSupreme Court of Georgia · 1910
  3. National Bank of the Republic v. Navassa Phosphate Co.New York Supreme Court · 1890
  4. Egan v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1896
  5. Monnet v. MerzThe Superior Court of New York City · 1892

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