Opinion
January 20, 1937.
Appeal from Supreme Court, Rensselaer County.
Present — Hill, P.J., McNamee, Crapser, Bliss and Heffernan, JJ.
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 Applicance Act (United States Code, tit. 45, § 23). Judgment and order unanimously affirmed, with costs.