“SEWELL, J. This action was brought to recover damages for the death of Tilden H. Ware, plaintiff’s intestate, who was killed by an explosion of a boiler in the defendant’s power house, located in Fall Creek Gorge, in the city of Ithaca. The boiler was a water tube boiler, consisting of 8 horizontal rows of tubes, with 12 tubes in a row. Each tube was 16 feet long and 4 inches in diameter. On the 22d day of January, 1902, while the decedent and one John Considine were in the employ of the defendant, decedent as assistant engineer and fireman and Considine as helper, one of the inner tubes burst, which allowed the water and steam to escape into the fire box and blow out through the door thereof, inflicting injuries upon Ware from which he shortly died. An examination of the tube after the accident disclosed the fact that there was an imperfect weld at the point of rupture. The evidence tended to show that the explosion was caused by this defect, which rendered the tube incapable of sustaining the pressure put upon it, and that the defect would have been discovered by the defendant if there had been a proper inspection of the boiler.”

Reference Data:

2 Years Transportation Progress, Vol. 109, by National Reporter System New York (St.), Superior Cout, Court of Appeals and Supreme Court New York (St.), 1908, page 427