References: [1849] EngR 749, (1849) 8 CB 92, (1849) 137 ER 443
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Ratio In case against engineers for so negligently constructing and erecting a machine, that it exploded, and killed the husband of the plaintiff, the defendants pleaded, that, at the time of the accident, the machine was unfit for use, by reason of the dampness of the brick-work in which it was set; that they so informed the deceased, and cautioned him not to use it; and that, by reason of the premises, the machine exploded, as in the declaration mentioned,-concluding with a verification :-Held, that the plea did not present a confession and avoidance of the whole cause of action,but was an informal traverse of a part only, and therefore bad.
Last Update: 16-May-16
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