Lyle v. Atchison, T. & S. F. Ry. Co.

LINDLEY, District Judge.

Defendants appeal from a judgment rendered upon the verdict of a jury awarding plaintiff damages for personal injuries incurred' while servicing a railroad locomotive. The complaint averred that defendants had violated the Boiler Inspection Act, 45 U.S.C.A. § 23, in that they had permitted oil, grease and foreign substances to remain on the steps of a ladder on the tender of the locomotive in violation of the statute. At the trial plaintiff relied and sought recovery only upon the basis of defendants’ violation of this Act.

Plaintiff was employed by defendant Gulf,…