Tisneros v. Chicago & N. W. Ry. Co.

LINDLEY, Circuit Judge.

Plaintiff’s suit against his employer to recover damages because of the latter’s alleged violation of the Boiler Inspection Act, 45 U.S.C.A. § 23, having resulted in a judgment in his favor, defendant appeals. It rightfully asserts that no question of negligence is involved and that its duty under the statute, if applicable, is absolute. It seeks reversal, however, because, as it contends, (1), the icy condition of the steps and grabirons of the locomotive complained of did not constitute “an unnecessary peril to life or limb of railroad employees” within the meaning of…