Kimmie v. Terminal Railroad Assn.

This is an action for personal injuries under the Federal Boiler Inspection Act, U.S.C.A., Title 45, Section 23. Plaintiff obtained judgment for $20,000, from which defendant has appealed. Plaintiff was an engineer operating one of defendant's switch engines. The facts about how he was injured are stated in defendant's brief as follows:

"The gravamen of plaintiff's petition is that a piece or part of the tread of the step on an engine, on which plaintiff was working was broken out, causing plaintiff's foot, as he climbed down said step, to become wedged therein in such a manner as to throw him…