Can an action be maintained to recover damages arising from a failure to comply with the Safety Appliance Act?

The federal Safety Appliance Act does not in terms [230 N.Y. 238]provide that a private action of any kind may be maintained to recover damages because of a failure to comply with its provisions. The right to maintain an action to recover damages arising because of a failure to comply with its provisions is found, if at all, in the local law of each state as stated in Smith v. Alabama, supra. The provisions of the statute providing that an employee injured by reason of an act contrary to the statute shall not be deemed to have assumed the risk or that the penalty shall not be construed to relieve the carrier from liability are to be observed when an action can be maintained by virtue of local laws. Such provisions do not in themselves show an intention in the act to authorize the maintenance of an action to recover for injuries arising from a disobedience of its provisions.