p. 152Michael Haslin, Appellant, v. The National Foundry Company, Respondent.Headnote
Negligence — injury from an explosion resulting from pouring molten metal into an ingot mold —yilien the jury may infer that it was caused by dampness in the mold.In ail action brought to.recover damages for personal injuries:sustained by the plaintiff wliile employed in the - defendant’s iron foundry, in consequence of the fact that, while the plaintiff was pouring molten iron into an ingot mold an explosion occurred which dashed a quantity of the molten metal over him, evidence was given to the effect that such an explosion could only be caused •either by-cold Or dampness in the mold: that the danger of explosions from both of these causes was generally known to persons engaged iu the foundry business and that two precautions were generally adopted to prevent them, to wit, either drying the mold by putting sand or clay upon it or heating the boxes. Evidence was also given to the effect that the plaintiff was ignorant of the existence of any danger involved in the use of the mold in the condition "in which it was provided for his use.
Held, that it was improper for the court to dismiss the plaintiff’s complaint;
That it was permissible for the jury to infer that the explosion was caused by the coldness or dampness of the ingot mold and, consequently, by the negligence of the defendant.
Appeal by the plaintiff, Michael TIaslin, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 11th day of December, 1903, 'upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
James C. Cropsey [F. W. Catlin with him on the brief], for the appellant.
Charles C. Nadal [W. D. Stiger with him on the brief], for the respondent.
The plaintiff was employed as a laborer in the defendant’s iron foundry. When the castings of each day Were completed, there was usually a quantity of molten iron remaining in the furnace; and, at the time of the accident which gave rise to this action, it was the duty of several laborers in the service of the defendant,
p. 153including the plaintiff, to take this molten iron in large ladles and pour it into certain boxes, described as ingot molds, where it was allowed to cool so as to be suitable for introduction into the furnace in the course of the next day’s work. While emptying a ladleful of this molten iron into one of these ingot molds near the furnace, under the direction of a foreman, an explosion occurred, accompanied by a loud report like that of a cannon, and a quantity of the hot liquid metal was dashed onto the plaintiff’s head and shoulders, inflicting the injuries for which he seeks to recover compensation in this suit. The complaint was dismissed at the coiiclusion of the evidence in his behalf, and the principal question which arises upon this appeal is whether there was enough proof to take the case to the jury on the question of the negligence of the defendant.
The complaint charges the defendant with negligence in having furnished to the plaintiff a mold into which he had to pour a certain quantity of melted iron, which mold was improperly constructed for the purposes for which it was used, and wás inadequate and unfit for the uses to which it was put, and was unsafe and defective and out of repair. There was nothing in the evidence sufficient :to sustain a finding that the ingot mold was defective, nor was there any direct proof that it was unsafe. There was testimony, however, of an expert character, to the effect that such an explosion as occurred in this case, characterized by so loud a report, could only be caused either by cold or dampness in the mold ; that the danger of explosions from both these causes was generally known to persons engaged in the iron foundry business prior to the time of this accident, and that at that period two precautions were generally adopted to prevent explosive outbursts of the nature which caused the plaintiff’s injuries, to wit, either drying the mold by putting sand or clay upon it before the molten iron is introduced, or taking the chill off by heating the boxes. From the proof adduced in behalf of the plaintiff in this case it seems to us that it was permissible for a jury to infer that the explosion must have been brought about by the coldness of the ingot mold or by dampness therein, and, if so, negligence might well be predicated of the action of the defendant in furnishing to the plaintiff a mold in this condition when it further appeared that the plaintiff was
p. 154ignorant of the existence of any danger in using the mold precisely as it was provided for his use.
We find nothing in the record to justify a dismissal of the complaint on the ground of the plaintiff’s contributory negligence, and as it seems quite plain that he was entitled to have the case submitted to the jury on the question of the negligence of the defendant, in the view which we take of the facts proved and the fair inferences to be drawn therefrom, it follows that the judgment must be reversed.
Bartlett, Jenks, Rich and Miller, JJ., concurred; Hooker, J., not voting.
Judgment reversed and new trial granted, costs to abide the event.