Losee v. Buchanan

51 N.Y. 476 (1873)

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Nature of the Case

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Facts

P brought an action to recover damages occasioned by the explosion of a steam boiler. The boiler was owned and used by the Saratoga Paper Company (D1) at their mill, situated in the village of Schuylerville, Saratoga County. The boiler exploded, and projectiles were thrown on to P's premises, and through several of his buildings, thereby injuring and damaging them, and destroying personal property therein. Ds were joined with D1 as defendants in the action, on the ground that they were trustees, stockholders, and agents of the corporation, and superintending its business as such, and therefore jointly liable with the company in the action. The Clutes, who manufactured the boiler, were also made defendants, on the ground that they made it in a negligent manner, in consequence of which negligence the boiler exploded. The case was twice tried. The Clutes were dismissed, and a verdict rendered against Ds for $3,420. That verdict was set aside, and a new trial was granted, on the ground that the judge at the circuit erred in excluding evidence to show that Ds were not guilty of any negligence in procuring or in the use of the boiler in question. A verdict was rendered against D1 for $2,703.36 and in favor of Ds. P for a new trial and judgment was entered on the verdict. P appealed.