Toledo, Wabash & Western Railway Co. v. Moore

This was an action on the case, brought by Lydia F. Moore, administratrix, against the Toledo, "Wabash and "Western Railway Company, to recover damages for the death of her husband, John H. Moore, who was killed on the 1st day of September, 1871, while in the employ of the railway company as engine-driver, by the explosion of an engine alleged to have been defective and unlit for use upon the road.

A trial was had before a jury, and appellee recovered a judgment of $5000. The court overruled a motion for a new trial, and the railway company bring the record here by appeal.

It is argued by the…