The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-20
Marine Court.


CAUTION TO STAGE rRoPRIBreRs ACTION FOR IA
IMAGES CAUSED BY LAMP BURSTING IN AN oMNI-
BUS.
person and property OF the plaintiff the 18th day o.
December last by the bursting and explosion OF lamp
The facts briefly heseThe plaat resides in Brook
yn On the evening Of December IL 1853 the plaintiff,
together with his wife and two had come ovsr
certs After reaching this side Of the river and when
the corner OF Fulton and Pearl Streets Mr. wke,
tive OF the plaintiff got into omnibus, No. S27 belong
ing to the Fifth avenue line OF stages OF which the de-
Sus s.s and when Barr
Gle exploded and set DIRE the dresses Of ladies' burn
Mrs whie and her daughtsrr destroyed the
lower part Of the daughters dress being burnt entirely
On The S.ushtsrs were eoh minors Living WITH tnsr
rel amounted to thirty fve or forty dollars II fur
Their appeared that the omnibus was new having
been running only two three weeks that the lamp
made OF couble tin and In perfect order that
filed usual with camphene, and that the omnibus
no dispute whatever, about the facts The defendants
council Intended that the plaintiff could recover
the ground that negligence had been proven against
them.
DECISION
To the conclusion o. the defendants counsel have
more really because notwithstanding the fact that the
lamp in question was regarded . perfect security
sganst explosion yet had not been used scarcely
three weeks before burst endangerng the lives Of ..
least five innocent and unsuspecing citzsns. The de-
fndans proved that this Of the most perfectly
constructed lamps use and that at the time o. the
cident the omnibus was proceeding at very slow tate
IT, then Notwithstanding ell this and caution sucn
fearful explosions cannot be avoided who viii pretend to
cay that the defendants In this not guilty Of
gross negligence In filling their stage lamps with dan
gerous uid camphene-especiAly when consider
precincts OF our city from similar causes line OF ON
nibuses the owners Of which viii continue the OF
su,h material should be Stunned stalking pestence
and when the ufpectng Ued the present
case the OF the outrage should not be per-
nitted to from the ensuing consequences is
orur ate for both the plaintiff and the defendants that
In this instance the results OF the explosion
Anticipated this most shocking ACCIDENT, ys. do
say, that If they gee at TO taSe the hazard
OF such results they must meet the issue OF the
venture. Nor can the defendants plead that the inf An
rable nature Of the camphens wEs unknown TO them.
The record Of accidents daily published in midst has
furnished them with proofs too unequivocal in their
character 10 justify such pretence. Nor VIII attempt
to pass judgment upon municipal authorities for
failing to Danish the Of campbsne from the public
cmnibuses and other vehicles US q in city Ons
thing, bosever quite apparent that while spirit Of
reform is said to be abroad IL is TO bs hoped that win
omit to suggest 10 the authorities that In their
deavors 70 legate for the protection OF property they
do not forget the protection OF human life without in
tending in this to give the conclusion have to
the effect Of rendering It an exam pie to letter others from
the continuance Of practice fearuy Dangerous TO
the lives Of citizens, the under advsement, yet
cannot refrain from awarding against the defendants
what to to be the real damage sustained
BY the plaintiff In this With that obi act in view
judgment is given to the plaintiff for one bundled dollars