Rogers v. New York, C. St. L. R. Co.

Full title: Glen T. Rogers, Appellee, v. New York, Chicago and St. Louis Railroad…

Court: Appellate Court of Illinois, First District

Date published: Feb 13, 1946

328 Ill. App. 123 (Ill. App. Ct. 1946)

65 N.E.2d 243

Opinion

Gen. No. 43,283. (Abstract of Decision.)

Opinion filed February 13, 1946 Rehearing denied March 1, 1946 Released for publication March 8, 1946

MASTER AND SERVANT, § 427^_ — when verdict for plaintiff under Federal Employers' Liability Act was against manifest weight of evidence. In personal injury action under Federal Employers' Liability Act resulting in verdict for plaintiff, where it appeared that plaintiff's proofs and argument of his attorney to jury did not conform as to place where injury occurred while plaintiff was climbing through cars of freight train, and testimony was conflicting as to how and where injury occurred, held that verdict was against manifest weight of evidence.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. JOHN F. HAAS, Judge, presiding.

Judgment reversed and cause remanded. Heard in the third division, first district, this court at the December term, 1944.

Winston, Strawn Shaw, for appellant;

Douglas C. Moir, Arthur D. Welton, Jr. and Edward J. Wendrow, of counsel;

Edward L. Richter and Marion J. Hannigan, for appellee;

John B. King, of counsel.

Opinion by PRESIDING JUSTICE KILEY.

Not to be published in full. Opinion filed February 13, 1946; rehearing denied March 1, 1946; released for publication March 8, 1946.