Eckenrode v. Pennsylvania R.

KIRKPATRICK, District Judge.

This is an action under the Federal Employers’ Liability Act, 45 U.S.C.A § 51 et seq., for damages for the death of the plaintiff’s husband. The complaint also stated a cause of action under the Boiler Inspection Acts, 45 U.S.C.A. § 22 et seq., but upon that issue the jury, answering interrogatories, found in favor of the defendant. The jury found further that Eckenrode’s death was caused by the negligence of an employee of the defendant and that it was contributed to by negligence on the part of Eckenrode, and diminished the damages by 50 per cent as a result of…