Luce v. New York, Chicago & St. Louis Railroad

Hinkley, J.:

On April 24, 1923, plaintiff’s intestate, an engineer in the employ of defendant, was killed. He had left his engine to perform some act in its repair when the engine and seven cars started down grade and plaintiff’s intestate was run over.

The plaintiff brought a prior action based upon a complaint alleging negligence of defendant only in that it failed to conform to the Federal Boiler Inspection Act. There was no allegation in the complaint of negligence of coemployees in the operation of the train, and upon the trial the court and both counsel very properly agreed that an…