Illinois Central Railroad v. Phillips

This was an action on the case, brought in the court below, by appellee, against appellants, to recover damages for injuries alleged to have been sustained by him in consequence of the explosion of the boiler of one of appellants’ engines, in the Union Depot at Chicago. The declaration contains two counts, in both of which it is averred, that the explosion was occasioned by reason that the engine and boiler were “ old, weak, worn out, insecure, and wholly unfit for use,” and that the company did not, by their servants, employ due and proper care in its management and use. In both counts,…