Louisville, New Albany & Chicago Railway Co. v. Lynch

The appellee sued the appellant and recovered a judgment for damages on account of personal injuries, sustained from a missile thrown against him by the explosion of appellant’s locomotive boiler. The allegations of the complaint charging the negligence of the appellant were as follows: “That the locomotive engine thus used by the defendant, and which exploded, as heretofore mentioned, was, at the time it so exploded, and for a long time prior thereto, defective, unsafe, and unfit to use for the purposes intended by the defendant, in this, to-wit: That the same was old and worn out; that the…