
    Herbert Meater, Respondent, v. Abraham J. Balaban, Appellant.
    
      Meater v. Balaban, 161 App. Div. 884, affirmed.
    (Submitted December 10, 1915;
    decided January 11, 1916.)
    Appeal from a judgment of the Appellate Division of .the Supreme Court in the second judicial department, entered January 21, 1914, 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 the defendant, his employer. Plaintiff was a steamboat fireman. While working on the boiler he was instructed by the engineer to raise the board on the starboard side of the engine and see what was the matter, the said board being immediately adjoining the bedplate upon which the engine was constructed. In order to raise the board he had to keep one foot on the right side of the boat and one foot on the •edge of the bedplate, so that the board would be between his legs, he having to straddle it and lift it with both hands. As he was holding the board in his hands, the boat gave a lurch and his foot slipped along the bedplate into the crank pit and was struck by the crank shaft.
    
      Alden S. Crane and William A. Jones, Jr., for appellant.
    
      Manasseh Miller and Martin H. Trainer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Collin, Hogan, Seabury and Pound, JJ. Dissenting: Willard Bartlett, Ch. J., and Chase, J. Not voting: Hiscock, J.  