Kenneth v. Angell v. The Chesapeake and Ohio Railway Company

K. K. HALL, Circuit Judge:

This is an appeal by the Chesapeake and Ohio Railway Company (C & 0) from a decision of the district court that, as a matter of law, the accident in question was within the purview of the Boiler Inspection Act (the Act), 45 U.S.C. § 23. The trial court found that under the facts and circumstances in the case, the company’s diesel engine was “in use” within the meaning of the statute at the time of the accident. After being instructed of the absolute liability under the Act, 1 the jury found in favor of the injured employee and the court entered judgment for him and…