Anderson v. Baltimore & O. R. Co.

SWAN, Circuit Judge.

The plaintiff’s decedent met his death while employed by the defendant as- a fireman on a pusher engine coupled to the rear of an interstate freight train. He was survived by his widow and four children. This action was brought under the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.), the wrongful act relied upon being an alleged violation of the Boiler Inspection Act 1924, § 2 (45 U.S.C.A. § 23) and rule 120 of the Interstate Commerce Commission promulgated thereunder requiring locomotives to be “equipped with proper sanding apparatus, which shall be…