Fritz v. Consolidated Rail Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and a new trial, limited to the issues of damages, granted.

Plaintiff was an engineer employed by defendant. Stepping off the locomotive at the end of his run, plaintiff was injured when the ground gave way beneath him. As a result, his feet and ankles were immersed in boiling water which was used to heat switches in cold weather. Plaintiff sustained severe burns and suffered medical complications.

Defendant admitted liability on plaintiff’s claim under the Federal Employers’ Liability Act (FELA;…