William R. Day

“ Nor can we agree with the contention of the plaintiff in error that so long as the large button head had not been disapproved by the government inspector such fact is conclusive of the sufficiency of the type in use. We find nothing in the Boiler Inspection Act to warrant the conclusion that there is no liability for an unsafe locomotive, in view of the provisions of section 2 of the act, because some particular feature of construction, which has been found unsafe has not been disapproved by the federal boiler inspector. ”

“ Section 4 of the federal Employers' Liability Act (35 Stat. 65) provides:
'That in any action brought against any common carrier under or by virtue of any of the provisions of this act to recover damages for injuries to, or the death of, any of its employes such employe shall not be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of employes contributed to the injury or death of such employe.' Comp. St. ”

“ Attention is directed to the testimony of an expert witness, offered by the defendant for the purpose of showing that low water was the cause of the explosion, in which he spoke of the use of the button heads of the larger and also of the smaller or taperhead kind, and was asked whether the United States government made certain requirements as to how boilers and engines should be constructed, to which he answered:
'No. Not as long as we have the proper factor of safety. ”