Ochsenbein v. . Shapley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 26, 1879, affirming an order of Special Term, which denied a motion for a new trial, made on a case and exceptions, after verdict for plaintiff.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 26, 1879, affirming an order of Special Term, which denied a motion for a new trial, made on a case and exceptions, after verdict for plaintiff. This action was brought to recover damages for injuries occasioned by the explosion of a boiler which was being tested in a street, in front of defendants’ boiler manufactory, which explosion was alleged to have been caused by the negligence of defendants’ servant. The material facts are stated in the opinion. Defendants’ servant having gone…
1Opinion of the CourtFinch, J.
The defense in this case rested upon substantially two grounds. The first was that the servant, in exposing the-boiler to a greater pressure than the one hundred and fifty pounds directed, "by the master, was doing an independent, willful, and criminal act of his own, outside of and beyond the scope of his employment and of the master’s business. The second was that the plaintiff, by stopping in the highway to watch the result of an experiment, possibly dangerous, and persisting in remaining after having been warned of the danger and requested to leave, was guilty of contributory negligence.…
2Cases cited3 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
3Cited by19 opinions
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Labarge v. Pere Marquette RailroadMichigan Supreme Court · 1903
- McLoughlin v. New York Edison Co.New York Court of Appeals · 1929
- Holshouser v. . Copper Co.Supreme Court of North Carolina · 1905
- Pine Bluff Water & Light Co. v. SchneiderSupreme Court of Arkansas · 1896
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