Ehalt v. McCarthy

WOLFE, Chief Justice.

The respondent was injured by a boiler explosion while engaged in interstate commerce as an employee of appellants; The trial resulted in a verdict of $20,000, from which this appeal was taken. While it is not required to refer specifically to the act or acts of Congress on which the action against a carrier for breach of duty is predicated (Cochran v. Atchison T. & S. F. R. Co., 109 Kan. 303, 198 P. 685) in this case counsel for the plaintiff at the threshold of the trial, in order to avoid the defense of contributory negligence, planted his complaint on the Boiler…