Ballard v. Hitchcock Manufacturing Co.
New York Supreme Court
Appeal from circuit court, Cortland county. Action by Ellen I. Ballard, as executrix of William P. Ballard, deceased, against the Hitchcock Manufacturing Company, for the death of her testator. From a judgment for plaintiff, and from an order denying a motion for a new trial made on a case and exceptions, defendant appeals.
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Appeal from circuit court, Cortland county. Action by Ellen I. Ballard, as executrix of William P. Ballard, deceased, against the Hitchcock Manufacturing Company, for the death of her testator. From a judgment for plaintiff, and from an order denying a motion for a new trial made on a case and exceptions, defendant appeals. On the 30th of May, 1887, William P. Ballard died, leaving a last will and testament, which was proved in Cortland county, and letters testamentary issued to the plaintiff. The defendant is a domestic corporation carrying on business in the village of Cortland, owning two…
1Opinion of the CourtHardin, P. J.
On the morning of the 30th of May, 1887, when plaintiff’s testator received the injuries from which he died, he was at work attending a mason who was building walls for a room, and was at a point about 25 feet from the large boiler used by the defendant for running its machinery. Defendant’s large boiler, which had been in use some 2 years, and was 66 inches in diameter and 16 feet long, containing 103 three-inch tubes, exploded, causing the death of plaintiff’s testator. His body was found about 20 feet from where the front end of the boiler was when it exploded. Evidence was given tending…
2Cases cited13 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Butler v. . TownsendNew York Court of Appeals · 1891
- Hussey v. . CogerNew York Court of Appeals · 1889
- Dobbins v. . BrownNew York Court of Appeals · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Egan v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Egan v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Ludlow v. Groton Bridge & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Ludlow v. Groton Bridge & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Ludlow v. Groton Bridge Co.New York Circuit Court · 1895
1 more not listed; retrieve them via the Exa API.