Opinion
Argued June 3, 1946
Decided July 23, 1946
Appeal from the Supreme Court, Appellate Division, Second Department, HOOLEY, J.
William B. Shelton, Vincent F. O'Rourke and John J. O'Connor for appellant.
David C. Broderick, Charles S. Vaccaro and Caesar B.F. Barra for respondents.
Judgment affirmed, with costs. From the evidence and under the instructions of the court the jury could have found that the plaintiff's injury was caused by a defect in the hot water bag or neglect in failing to properly tighten the cap to prevent leaking.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and FULD, JJ. Taking no part: DYE, J.