Thompson v. Hocking Valley Ry. Co.

This ease was presented to the court below as being an action for negligence under the Federal Employers’ Liability Act (45 USCA §§ 51-59). The court thought that plaintiff’s proofs did not tend to show negligence, and so instructed a verdict for defendant. It is now apparent that the petition’s claim for relief, “under the Federal Employers’ Liability Act and the amendments thereto,” and the stated facts in the petition, went far toward making a ease under the Boiler Inspection Act (45 USCA § 22 et seq.); indeed, the defect charged pertained wholly to a locomotive boiler and its connections.…