Atlantic Coast Line R. Co. v. Wetherington

FOSTER, Justice.

The questions on this appeal arise from a judgment for plaintiff against appellant for the death of plaintiff’s intestate caused by the explosion of the boiler of a locomotive while decedent was operating it as the engineer. The suit was brought under the Federal Employers’ Liability Act, Title 45, Section 51, U.S.C.A., based on the Boiler Inspection Act of Congress, — Title 45, section 23, U.S.C.A.,- — -which provides: “It shall be unlawful for any carrier to use or permit to be used on its line any locomotive unless said locomotive, its' boiler, tender, and all parts and…