Louisville N. R. Co. v. Stephens

Opinion of the Court by

Stanley, Commissioner

Reversing.

This action -for the death of Jesse O. Stephens, a locomotive fireman, was brought under the Federal Employers ’ Liability Act, 45 U. S. C. A. section 51, and the appeal is from a judgment for $40,000 for the benefit of his widow.

A train of 110 cars left DeCoursey yards near Covington at 12:10 a. m., October 1, 1941. Two hours later, when the train had gone about 35 miles and while running about 25 miles an hour, a number of bolts holding the crown sheet of the boiler in place gave way and caused a sudden rupture or opening -which let the…