Watkins v. Boston & Maine Railroad

Section 2 of the boiler inspection act as amended by 38 U. S. Stat. 1192, c. 169, s. 1, required the defendant to furnish a locomotive and tender “in proper condition and safe to operate.” The plaintiff contends that the locomotive in question was not in proper condition because of excessive lateral play in the apron connecting the cab and tender, and because of the absence of chains across the open gangways, through which the enginemen entered and left the engine.

The construction of the apron is described at length in the first opinion. 79 N. H. 285, 286. Recovery was there denied because…