Denver v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

West, J.:

This case was brought by the father and administrator to recover for the death of Calvin E. Denver by the explosion of a locomotive boiler, alleged to have been caused by worn, weak and defective material. The jury returned a verdict for the plaintiff and found among other things that the explosion was caused by defective side sheets and flue sheets caused by corrosion.

The prinicipal controversy was over the question whether the explosion was caused by weak and defective material or by the engineer’s permitting the water to get too low,…