Toledo, St. Louis & Kansas City Railroad v. Bailey

This was an action brought by the administratrix of Michael Barrett, deceased, to recover damages for having negligently caused his death. The negligence charged consisted in furnishing an unsafe and insecure locomotive engine boiler, which exploded, causing the death of Barrett, while he was operating the same, as an engineer, with proper care and caution. There was verdict, and judgment thereon, for $3,000, for plaintiff, which, on appeal to the Appellate Court, was affirmed.

It is insisted that the court erred in giving an instruction, for the plaintiff, to the effect that if the jury found…