Curran v. Warren Chemical & Manufacturing Co.
New York Court of Appeals
In an action for negligently causing the death of a person, the burden of establishing the negligent causing of the death is upon the plaintiff; and it is error for the Judge to charge the jury, if the death of the party occur on defendants’ premises while defendants are in exclusive occupation thereof, that, as a matter of law, the defendants are liable, unless they can explain the cause of such death.
1Opinion of the CourtBockes, J.
This action was brought by the Plaintiff as administratrix, under the Act of 1847, and its amendments, which gives compensation in case of the death of a person occasioned “by wrongful act, neglect, or default.”
The Defendants, a Manufacturing Company, were engaged in the distillation of coal-tar, and in the manufacture of chemical oils, as benzole, benzine and naphtha.
The deceased, a son of the Plaintiff, was a boiler-maker in the employ of a firm engaged in the construction and reparation of boilers, and was sent by his employers to the Defendants’ manufactory to repair their boiler. To…
2Cases cited1 opinion
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
3Cited by7 opinions
- Loop v. . LitchfieldNew York Court of Appeals · 1870
- Stelter v. CordesAppellate Division of the Supreme Court of the State of New York · 1911
- Fairmount Cemetery Ass'n v. DavisColorado Court of Appeals · 1894
- Continental Insurance v. New York Gas, Electric Light, Heat & Power Co.New York Court of Appeals · 1908
- Fairmount Cemetery Ass'n v. DavisColorado Court of Appeals · 1894
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