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Losee v. Buchanan

New York Court of Appeals

51 N.Y. 476 (1873)

Facts

An explosion at Saratoga Paper Company (Saratoga) sent parts of a steam boiler flying through the air and onto the property of Losee (plaintiff), causing damage. Losee filed suit against an agent of Saratoga, Buchanan (defendant), for trespass of the boiler parts onto Losee’s property. A jury determined that no negligence occurred on the part of Buchanan. After multiple appeal trials, the case came before a special commission created by the New York legislature to handle a backlog of appeals.

Rule of Law

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Issue

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Holding and Reasoning (Earl, Comm’r.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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