Opinion
Gen. No. 44,312. (Abstract of Decision.)
Opinion filed December 30, 1948 Rehearing denied January 21, 1949 Released for publication January 21, 1949
MASTER AND SERVANT, § 522 — refusal of instruction in action under Federal Employers' Liability Act. In thirty-year-old brakeman's action under Federal Employers' Liability Act for injuries allegedly sustained when he slipped and fell from top of platformless, snow and ice-covered box car after riding car down hump in defendant's classification yard at night, refusal to instruct for brakeman that if jury found that brakeman went upon car at direction of defendant's conductor, situated in tower overlooking cars, and that condition of car was such that a reasonably prudent person in conductor's position would not have ordered brakeman to go upon car jury should consider such matters in arriving at verdict was proper, where there was uncontradicted testimony that area at apex of hump was well lighted, and brakeman had an equal opportunity to know condition of car, and there was no evidence that conductor's directions to brakeman proximately contributed to cause his injuries (45 USCA §§ 51-60).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN E. PAVLIK, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the December term, 1947.
Edward B. Henslee, for appellant;
Francis H. Monek and Melvin L. Griffith, of counsel;
Theodore Schmidt, P.J. Cronin and Barrett, Barrett, Costello Barrett, for appellee;
John W. Costello and Wendell H. Shanner, of counsel.
Not to be published in full. Opinion filed December 30, 1948; rehearing denied January 21, 1949; released for publication January 21, 1949.