Sanders v. New York Central Railroad

Headnote

Negligence ■ — railroads — Boiler Inspection Act ■ — injury to locomotive fireman from fall of curtain at rear of locomotive striking him on head.

Banders v. N. Y. C. R. R. Co., 212 App. Div. 849 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 17, 1925, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. The complaint alleged that plaintiff, a locomotive fireman, while engaged in his duties was struck on the head by the curtain at the rear of the locomotive, which had been rolled up on top of the vestibule, when the engine

was turned over and fell from the vibration of the engine. He continued his work but the next morning was stricken by a stroke of apoplexy for which he recovered damages on the ground that it was attributable to the injury so received. The action was tried on the theory of a violation of the Boiler Inspection Act.