Shipp v. Boston & Maine Railroad

This action of tort was brought by the administratrix of the estate of James Harvey Shipp, to recover damages for his death. Other counts in the declaration were waived and the case was tried on a count under the Federal employers’ liability act, 35 U. S. Sts. at Large, 65, § 1, alleging that “the plaintiff’s intestate was seriously *268injured by reason of defects or insufficiencies, due to the defendant’s negligence in its appliances, machinery, works, and equipment, which caused in whole or in part the death of the plaintiff’s intestate.” The defendant’s motion for a directed verdict was…