Opinion
Gen. No. 43,008. (Abstract of Decision.)
Opinion filed March 21, 1945
MASTER AND SERVANT, § 369 — admissibility of evidence as to plaintiff's ability to work. In action under Federal Employers' Liability Act, where it appeared plaintiff watchman in employ of defendant was thrown upon track by cable from hopper car, resulting in amputation of crushed fingers and permanently injuring index finger, plaintiff's medical expert indicating that plaintiff could no longer perform functions at crossing, held, in view of verdict for plaintiff for $35,000, that defendant was prejudiced by rejection of testimony that plaintiff's predecessor and contemporary watchman, both with serious physical handicaps actually did work, and by refusal to permit defendant's supervisor of watchman to give his opinion whether plaintiff was capable of fulfilling duties of watchman.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. PETER H. SCHWABA, Judge, presiding.
Reversed and remanded. Heard in the third division, first district, this court at the April term, 1944.
Knapp, Cushing, Hershberger Stevenson, for appellant; Harlan L. Hackbert, of counsel;
William Wallace McCallum and Marion J. Hannigan, for appellee.
Not to be published in full. Opinion filed March 21, 1945; released for publication April 10, 1945.