Ford v. New York, N. H. & H. R.

MANTON, Circuit Judge.

Appellant was severely injured on December 22, 1928, while engaged in interstate commerce in a switching movement at Seymour, Conn. He was the conductor of a freight train, and his duty required him to board the moving tender of a locomotive. Liability is sought to be imposed upon the appellee solely upon the 'claim of a breach of, and a violation by, the appellee of the Safety Appliance and Boiler Inspection Acts (Safety Appliance Act of March 2, 1893, c. 196, § 4, 27 Stat. 531 [45 USCA § 4]; Boiler Inspection Act of February 17, 1911, c. 103, § 2, 36 Stat. 913). The…