Eker v. Pettibone

MAJOR, Circuit Judge.

This appeal is from a judgment in a suit to recover damages sustained by reason of the death of plaintiff’s intestate.

The action was predicated upon a complaint of two paragraphs, the first charging a violation of the Boiler Inspection Act, 45 U.S.C.A. § 23, and the second, negligence in violation of the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-59. The only question here raised is whether or not the evidence was sufficient to justify the action of the court in refusing to direct a verdict for the defendant.

On June 12, 1936, about 5 o’clock P. M., defendant’s…