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LYNCH v. DELAWARE, L. & W. R. CO.

No. 321.

58 F.2d 177 (1932)

LYNCH v. DELAWARE, L. & W. R. CO.

Circuit Court of Appeals, Second Circuit.

May 9, 1932.

Attorney(s) appearing for the Case

Douglas Swift, of New York City, for appellant.

Alfred T. Rowe, of New York City (Sol. Gelb and Anthony Sansone, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

Lynch, the deceased, was the engineer of a locomotive, used to pull a train upon the defendant's road, and concededly engaged in interstate commerce at the time he was killed. His administratrix sued for a violation of the Boiler Inspection Act (45 USCA § 22 et seq.), because of the defective condition of an "injector" or "inspirator" upon the locomotive, which forces the water from the tank into the boiler. The only issue necessary for...

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