Mathews v. Chicago & North Western Railway Co.

Action under the Federal Liability and Boiler Inspection Acts to recover damages for the death of Stough E. Schaal, a locomotive engineer who lost his life July 14, 1923, by the explosion of the boiler of the locomotive of which he was in charge. After a verdict for defendant, plaintiff appeals from the order denying a new trial. The right to a new trial, if it exists, is referable to errors of law. A somewhat detailed statement of facts is necessary to an understanding of the issues here.

The engine was pulling an eastward bound interstate freight train and the explosion occurred some five…