Battles v. Rutland Railroad

Appellate Division of the Supreme Court of New York

Battles v. Rutland Railroad

249 A.D. 905, 292 N.Y.S. 532, 1937 N.Y. App. Div. LEXIS 10117

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 20, 1937

StatusPublished

This text of 249 A.D. 905 (Battles v. Rutland Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Battles v. Rutland Railroad, 249 A.D. 905, 292 N.Y.S. 532, 1937 N.Y. App. Div. LEXIS 10117 (N.Y. Ct. App. 1937).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, entered in the Rensselaer county clerk’s office on April 17,1935, in favor of the plaintiff and against the defendant for the sum of $5,129.50 damages and costs entered upon the jury’s verdict, and from an order entered on April 29, 1935, denying defendant’s motion to set aside the verdict and for a new trial. Plaintiff was employed as a fireman on one of defendant’s locomotives hauling a passenger train. On April 16, 1931, he attempted to use a sprinkler hose to wet down the coal, and hot water squirted out of the hose and the end of the hose whipped and he was struck in the eye by the hose and the water, receiving the injuries for which he has had a verdict. There was proof that the packing nut was loose and the sprinkler hose valve was worn, so that the vibration of the engine would cause it to come loose, and that the hose had leaked for some time before the accident. This condition had been called to the attention of one of the inspectors, but it had not been repaired. The action was brought under the Federal Safety Applicanee Act (United States Code, tit. 45, § 23). Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., MeNamee, Crapser, Bliss and HefEernan, JJ.

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Appeal by defendant from a judgment of the Supreme Court, entered in the Rensselaer county clerk’s office on April 17,1935, in favor of the plaintiff and against the defendant for the sum of $5,129.50 damages and costs entered upon the jury’s verdict, and from an order entered on April 29, 1935, denying defendant’s motion to set aside the verdict and for a new trial. Plaintiff was employed as a fireman on one of defendant’s locomotives hauling a passenger train. On April 16, 1931, he attempted to use a sprinkler hose to wet down the coal, and hot water squirted out of the hose and the end of the hose whipped and he was struck in the eye by the hose and the water, receiving the injuries for which he has had a verdict. There was proof that the packing nut was loose and the sprinkler hose valve was worn, so that the vibration of the engine would cause it to come loose, and that the hose had leaked for some time before the accident. This condition had been called to the attention of one of the inspectors, but it had not been repaired. The action was brought under the Federal Safety Applicanee Act (United States Code, tit. 45, § 23). Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., MeNamee, Crapser, Bliss and HefEernan, JJ.

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Bluebook (online)

249 A.D. 905, 292 N.Y.S. 532, 1937 N.Y. App. Div. LEXIS 10117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/battles-v-rutland-railroad-nyappdiv-1937.