The New York herald., 1879-03-20
THE COURTS.
Negligence in Not Providing Against
Steam Boiler Explosions.
ENUMERATED FROM BLAME.
The Fatal Frolic by a Trio OF
NavigatOrs.

Another crowd. made up largely Of steamboat
men, was in attendance yesterday before Judge Bar
rett. holding Supreme Court. Circuit. to listen to
the further proceedings in the suit for $4,000 dam
ages brought by James Leonard, administrator of
his sister Sarah Leonard of the victims of the
explosion of the boiler Of the steamer Adelphi, oil
Norwalk Conn., the 18th of last September.
against the Columbia Steam Navigation Company
Mr. Christopher Fine. senior counsel for the plain
tiff called additional experts to prove the alleged un
fitness the boiler for at the time of the explo
sion Mr. Frederick NJ. Lafarge, practical engineer
Of twenty years experience testified that after
the explosion he examined the boiler. Along the
line of the rupture which extended some eight feet
he said a portion of the boiler was only one-six-
teenth of an inch thick and other portions only
thirty-second of inch in thickness. The patch
put on just below this line gave strength to the
boiler but only served to stop leakage He explained
the difference between the system of testing the
strength of boilers adopted respectively by the
United States government and Great Britain and
France corroborating in the main the evidence in
this regard given by Mr. Golfer the previous day.
As to the boiler in question he pronounced it utterly
unfit tor use. Mr.. George Vane. another expert,
gave similar testimony, with the same conclusion
ss to the unsoundness of the boiler
Mr. Dennis McMahon counsel for the defendants,
ut the close of the evidence for the plaintiff moved
= dismissal OF the complaint. He urged that as the
accident occurred in another State the action was not
properly brought here, and this point being over
ruled he insisted that there had not been furnished
evidence of negligence the part of the owners of
the steamer authorizing the case to go to the jury.
He claimed that TO out case it should have been
shown that the amount OF steam'used was in excess
OF that allowed the certificate of the inspector allow
ing forty pounds pressure to the square inch.
whereas thirty pounds was the utmost pres
sure used. Things went on smoothly till the acci-
dent.
That's just the point" interrupted Judge Bar
rett. 1.-The boiler exploded and it is for the jury to
determine whether there was any negligence and
whether it should not have been known that the
boiler was unit for use.
"But there was the certificate allowing forty
pounds of steam and less than this used" said
THAT has nothing to do with it," continued Judge
Barrett. according to your theory you get an an-
year, although not exceeding the amount Of
steam allowed by such certificate the company is
not responsible. The jury must determine whether
proper precautions were taken to prevent such ex-
plosion.
The motion to dismiss the complaint was denied.
will be opened for the defence this morning.
BROADWAY UNDERGROUND RAILWAY.
A decision was rendered yesterday by Judge Larre-
more, of the Court of Common Pleas vacating the
order Of arrest in the suit of Joseph Dixon ana w.
Reynolds against Alfred E. Beach, the suit being
an alleged wrongful conversion of s175,5OO worth Of
stock of the Broadway Underground Railway COM
pany belonging to the plaintiffs and the defendant
1865 the Legislature incorporated what is CON-
monty known as the Beach Pneumatic Transit
Company" and subsequently denominsted the
"Brosdway Underground Railway" Dixon sue
ceeded to the rights and interests of one of the
original incorporators and his coplainti Reynolds.
subsequently obtained an interest in the stock by
assignment The incorporators author
lied to organize themselves into COM
pany and to fix the conditions upon
which the franchises might be transferred. This,
alleged. they did. and Dixon ratified the action by
his vote. He was secretary of the company from
the time Of its organization until December, 1873.
The company decided that actual issue OF the
stock apportioned to the grantees their assigns
should take place until such time the trustees of
the corporation shall determine. Judge Larremore
says:"That no actual issue of the stock appears
have been made. An apportionment OF it was had,
rs shown by the minutes, but the certificates were
not detached from the stock book or deliv-
knowledge of and participated in all transac-
tons relating to the stock in question. The
books of the company always open to his
inspection and IL there any wrong committed
he was party to it, The indorsement the release
assignment and transfer upon the cortincate was
done by defendant officially and by authority which
Dixon sanctioned. II that act was conversion Of
the stock IL the act OF the corporation and not of
the defendant. When the demand was made upon
him in November 1875 his official relations with the
company had ceased He could not have delivered
the certificate for it not in his possession
der his control. Upon the papers submitted the de-
fcndant must be exonerated from all imputaton of
wrong and the order for his should be vacated
with costs To this relief he is entitled notwith-
standing the fact that the OF action and the
ground of arrest are identical"