Losee v. Clute
New York Court of Appeals
51 N.Y. 494 (1873)
A steam boiler owned and being used by the Saratoga Paper Company (Saratoga) (defendant) at its mill exploded and caused damage to the adjacent property owned by Hervey Losee (plaintiff). Losee brought an action against Saratoga; two of Saratoga’s trustees and agents (defendants); and the manufacturer of the boiler, Cadwallader Clute, and others (collectively, Clute) (defendants). Losee alleged that the boiler was constructed of poor iron and in a negligent and defective manner. The trial testimony showed that Clute knew at the time the boiler was constructed that it would be used adjacent to homes and stores and if it exploded would likely harm people and adjacent property. Saratoga tested the boiler before accepting it and used it for about three months before the explosion. Clute was not involved in caring for or managing the boiler at the time it exploded. The complaint as to Clute was dismissed at the close of the evidence. The judgment was affirmed on appeal. Losee appealed.
Rule of Law
Holding and Reasoning (Lott, J.)
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