Opinion
Gen. No. 43,394. (Abstract of Decision.)
Opinion filed October 15, 1945 Released for publication October 30, 1945
HARMLESS AND PREJUDICIAL ERRORS, § 431 — defendant in action under Federal Employers' Liability Act as not precluded by remittitur by plaintiff. In switchman's action under Federal Employers' Liability Act for personal injury received when, in nighttime, he undertook to close switch in defendant's railroad yards, wherein jury returned verdict for plaintiff for $3,000 of which amount plaintiff remitted $2,250, whereupon court denied defendant's motion for judgment notwithstanding verdict or for new trial and entered judgment for plaintiff for $750, held that remittitur might cure verdict if amount of it was only error claimed but that, since case was fairly close on facts, defendant was entitled to trial by unprejudiced jury on all of errors alleged.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN F. BOLTON, Judge, presiding.
Reversed and remanded. Heard in the first division, first district, this court at the June term, 1945.
Winston, Strawn Shaw, for appellant;
Douglas O. Moir, Gerard E. Grashorn and Edward J. Wendrow, of counsel;
Edward B. Henslee, for appellee;
Melvin L. Griffith, of counsel.
Not to be published in full. Opinion filed October 15, 1945; released for publication October 30, 1945.