Bowser v. Baltimore & O. R.

BIGGS, Circuit Judge.

ITarry Bowser’s widow and administratrix brought suit against the defendant under the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60, alleging that her husband was killed, as is conceded, when two engines collided on one of the defendant’s tracks in its yard at New Castle Junction, Pennsylvania. The complaint alleges, inter alia that the defendant’s negligence lay in the failure of Bowser’s fellow-servants to stop the train before it passed a red signal referred to hereinafter.1

The facts are as follows. Bowser had been employed by the defendant from July, 1902,…