(Download) "Betty Chiuchiolo v. New England Wholesale" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Betty Chiuchiolo v. New England Wholesale
- Author : Court of Appeals of New York
- Release Date : January 06, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
I. In respect to the defendants negligence, one claim it makes is that it had no duty to anticipate an explosion of the gauge as a cause of injury to a person of normal health. It relies on the harmless outcome of previous explosions and asserts that due care neither demanded inquiry nor would have disclosed any danger to be guarded against if inquiry had been made. It admits that it is commonly known that sudden noise may startle one but denies that foresight will tell that the noise is likely to frighten one with serious consequences. And it is not questioned that if the danger had been anticipated, there were practical ways to obviate it. The removal of the boiler to another room or its enclosure by a partition may be mentioned as one remedy which would have been feasible and an effective removal of the danger.
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