Court : Supreme Court of India
..... explosives is given in schedule i to the explosives rules, 2008 (for short the rules ) and class 7 thereof relates to fireworks ..... of fireworks. for this purpose, it is necessary to appreciate the scheme of the explosives act and the rules so that appropriate remedial steps can be taken in accordance with the provisions of the law.36. section 4 of the explosives act, 1884 (for short the act ) contains various definitions. section 4(d) defines the word explosive and it includes, amongst others, fireworks. in this context, the classification of .....
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..... aforesaid, and utterly destroyed, so as to cause and make it a total loss. and the plaintiff averred that said steamboat lioness was, at the time of the explosion, sinking and destruction aforesaid, by the perils aforesaid, sufficiently found in tackle and appurtenances thereto, and completely provided with master, officers and crew, and in good order and ..... questions and points on which the judges of the said circuit court were opposed in opinion and which were certified to this court for its opinion, agreeable to the act of congress in such case made and provided, and was argued by counsel. on consideration whereof it is the opinion of this court, 1st, that the policy ..... the fire was directly and immediately caused by the barratry of the master and crew as the efficient agents when the fire was communicated and occasioned by the direct act and agency of the master and crew, intentionally done from a barratrous purpose, is not a loss within the policy if barratry is not insured against. if .....
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..... a mere revenue measure. so its actual policy for fifteen years has been to lessen the use of spirit in both the army and navy, and by the third section of the act of aug. 29, 1842, ch. 267, 5 stat. 546, this policy is recognized and encouraged by law. so when resorting to internal duties, for a like reason ..... this is an acknowledged principle applicable to all general regulations. individuals in the enjoyment of their own rights must be careful not to injure the rights of others. from the explosive nature of gunpowder, a city may exclude it. now this is an article of commerce, and is not known to carry infectious page 46 u. s. 590 disease; yet ..... appeal to the municipal court, but the said police court shall not have power in any such case to sentence any person to imprisonment except as provided in the preceding section." "sec. 29. any person licensed under the provisions of this chapter who shall have been twice before convicted of a breach of any of the said provisions shall thereupon, .....
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..... words, turning the scales of evidence in their favor in this attempt. this idea is fortified by the express provision establishing a presumption, by the act of congress, in case of damages by explosions of steam. 5 stat. 305, 13. independent of this presumption, when we proceed to examine the evidence on both sides as to the contested ..... and a tort on the shippers, and the fire that occurred and consequent loss of life a crime on the part of the master. by the twelfth section of the act of 1838, chap. 191, every person employed on any steamboat or vessel by whose negligence page 47 u. s. 394 to his respective duty the life ..... the history of the colonial government, or the transactions of the general confederation, i am satisfied that the civil, admiralty, and maritime jurisdiction conferred by the second section of the third article of the constitution was the restricted jurisdiction known to be that of the english admiralty, insisted upon and contended for by the north american colonies .....
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..... in a letter dated lima, 10 november, 1825. and again, in a letter dated at lima, 16 november, 1825, after giving an account of the loss occasioned by the explosion on board the steamboat tilica, he says: "i have chartered three-fourths of the ship superior, captain andrews, for a voyage to canton, via manila, and back to this ..... import of the agreement. and when we consider the nature of the trust vested in mathewson, the propriety of such an arrangement is clear. he was to be the acting partner in the voyages contemplated, having under his control the large capital invested, with power to trade from port to port, and to buy and sell as he should ..... 1st. the said henry mathewson agrees to take the command of the ship or vessel the said butler & carrington & co. shall provide for said expedition, and at all times to act as captain and supercargo thereof." "2d. the said mathewson is to proceed to europe, attend to the purchase of said military stores, proceed therewith in said ship to chili and .....
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..... referred to are those of the federal government, and not of the states. the general government only is known in our foreign intercourse. by the forty-sixth section of the act of march, 1799, the wearing apparel and other personal baggage, and the tools or implements of a mechanical trade, from a foreign port, are admitted free ..... seriously contended that where congress has chosen to legislate about commerce and navigation on our navigable waters as well as the seacoast, and to introduce guards against steam explosions and dangers in steam vessels, the law is not to be enforced as proper under the power to regulate commerce, and when not in conflict with any state ..... paupers? it may well be questioned whether their proportion of this burden exceeds the ratio of their great wealth and population. but it appears by the second section of the act now before us that all persons whose poverty, age, or infirmities render them page 48 u. s. 460 incompetent to maintain themselves are not permitted to .....
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..... requiring gross negligence to be proved to lay the foundation of an action for damages to person or property. the thirteenth section of the act of july 7, 1838, 5 stat. 306, provides: "that in all suits and actions against proprietors of steamboats for injury arising to persons or property from ..... is to be deemed culpable negligence rendering the owners and the boat liable for damages even in case of the gratuitous carriage of a passenger. indeed, as to explosion of boilers and flues or other dangerous escape of steam on board steamboats, congress has in clear terms excluded all such cases from the operation of a rule ..... carried only the small quantity of steam which they alleged. this was a libel filed by king, complaining of severe personal injury, disabling him for life, from the explosion of the boiler of the steamboat new world while he was a passenger, on her passage from sacramento to san francisco, in california. the district court decreed for .....
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..... started the fire, is the exemption limited in the same manner? these propositions cannot be sustained, and in establishing a principle applicable to fire originating by explosion, we must find one which is equally applicable under like circumstances to the other causes embraced in the same clause. without commenting further, we are clearly ..... containing an exception against fire which might happen "by means of any invasion, insurrection, riot, or civil commotion, or any military or usurped power, explosion, earthquake, or hurricane." an explosion took place in another warehouse situated directly across a street which threw down the walls of the first warehouse, scattered combustible materials in the street, and ..... from the federal courts of that district. but in regard to the latter, we are not now at liberty to do so. the act of march 3, 1865, * by its fourth section, provides a clear and simple mode by which parties who submit cases to the court without the intervention of a jury may have .....
Tag this Judgment!Court : US Supreme Court
..... to such action on the part of the insurers. 3. insurers, so accepting at the intermediate port, are liable for freight pro rata itineris on the goods accepted. 4. the explosion of a boiler on a steam vessel is not a "peril of navigation" within the term as used in the exception in bills of lading. page 75 u. s. 154 ..... , and on it the company brought suit in the superior court of buffalo, to test the liabilities of the shippers upon the facts as then supposed. the insurance company, however, acting herein against the urgency of their agent at detroit, "who never expressed but one opinion, which was, that the carriers were liable and ought to be sued," after some time ..... the boiler was not a peril within the exception in the bill of lading. [ footnote 3 ] the acceptance, as we have already seen, was the voluntary act of the insurance company, without any solicitation or interference on the part of the master, and what would seem conclusive of the intent of the company in the transaction is, .....
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..... waste by the landlord against his tenant from year to year, based on a statute of california. the waste was charged to have resulted from negligently introducing an explosive substance &c.;, and treble damages were claimed. the other counts were for injuries to premises demised to the defendants, and to the reversionary interest of the ..... accident whilst engaged in a lawful business. a party charging negligence as a ground of action must prove it. he must show that the defendant, by his act or by his omission, has violated some duty incumbent upon him, which has caused the injury complained of. the cases between passengers and carriers for injuries stand ..... recover. "no case or principle can be found," said mr. justice nelson, in denying a new trial, "or, if found, can be maintained subjecting an individual to liability for an act done without fault on his part," and in this conclusion we all agree. judgment affirmed. [ footnote 1 ] 14 common bench 291. [ footnote 2 ] 6 ellis & blackburn 485 .....
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