Opinion
Gen. No. 41,095. (Abstract of Decision.)
Opinion filed April 15, 1940
MASTER AND SERVANT, § 427 — new trial, propriety. In action under Federal Employers' Liability Act, new trial was properly awarded after judgment had been entered on verdict for plaintiff, where plaintiff's decedent, a brakeman, was crushed between two sections of a train he had just uncoupled, the evidence being in dispute whether he had given a back-up signal and whether engineer was negligent in backing train 20 to 60 feet.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. ROBERT A. MEIER, JR., presiding.
Affirmed. Heard in first division, first district, this court at February term, 1940.
Hummer, Van Ness Yowell, for appellant;
John J. Yowell, of counsel;
Nelson J. Wilcox and I.C. Belden, for appellee.
"Not to be published in full." Opinion filed April 15, 1940.