15 N.Y.S. 405 | N.Y. Sup. Ct. | 1891
The defendant is a corporation engaged in the manufacture of wagons and sleighs at Cortlandville, and was such on and prior to May 30, 1887. At that date William P. Ballard, whom the plaintiff represents, was in its employ, and received injuries from the explosion of a boiler, by reason of which he afterwards died. This boiler was used by the defendant in its works for the purpose of generating steam for propelling one or more engines used in defendant’s factory. The claim of the plaintiff is that the explosion was the result of negligence on the part of defendant. The important if not the main -issues at the trial were whether the explosion was caused by a defect along a horizontal seam of the boiler, and whether the defendant had notice of this defect. Upon the subject of notice and consequent neglect, the'plaintiff was permitted to prove declarations made to or by one William Howard, who was an engineer in defendant’s employ. Prior to giving the evidence, it appeared that Floyd Hitchcock.was the general superintendent of the concern, giving his personal supervision to all the affairs and departments; that, he had an assistant; Mr. Bennett, whose duties were to look after the entire works, including the boilers and engines; that Caleb B. Hitchcock was the president of the defendant, had an office there, and was giving his personal attention to the business, and Mr. Gleason, a director, had an office there, and was an active member of the concern. The other directors were Caleb B. and Floyd Hitchcock. Upon the subject of the position or dúties of Howard, Floyd Hitchcock, upon the examination of plaintiff, testilied as follows; “Question: Who was your engineer there? ' Answer. Mr. Howard. Q. Who saw to the repairs on the boiler,—who looked after that? A. Well, Mr. Howard had charge of that. Q. Who paid the help for making the repairs-on the boiler? A. Sometimes Mr. Howard paid for it; sometimes Mr. Howard might have paid for it, or ordered it paid. If we had any one do the-work, he would naturally make the order. Q. He suggested the help that, should be hired about the boiler? A. Mr. Howard, being the engineer, would naturally suggest any help he wanted around the boiler. Q. Mr. Howard in fact had control of those boilers, fixing and making the repairs? A. He had control of the boiler, practically; be generally conferred with myself or Bennett.” Upon cross-examination he testified: “Question. When you say he had control of the boilers you mean he ran the boiler? Answer. Yes, sir. Q. As any engineer runsliis engine? A. As chief engineer. Q. That is all there was of it? A. Yes, sir. Q. The business was under your supervision, and that of the president? A. Yes, sir.” He also testified that the help, including the men who worked about the boiler, got their pay from the treasurer of the company at the office there. Mr. ICeese, the treasurer of the defendant, upon the examination of the plaintiff testified: “Theengineer, William Howard, had charge of the boilers down at the Elm-Street factory. He had charge of them at the time of this explosion. I can’t tell how long a period before that he had charge of them. He may have had charge of them