Opinion
Gen. No. 43,130. (Abstract of Decisions.)
Opinion filed May 18, 1945 Rehearing opinion filed November 7, 1945 Released for publication November 27, 1945
MASTER AND SERVANT, 435 — negligence of railroad conductor in ordering switchman to board moving train as warranting recovery under Federal Employers' Liability Act. In action by railroad switchman under Federal Employers' Liability Act for loss of leg sustained when he fell while attempting, under orders of conductor, to board freight train moving at about 10 miles an hour in course of switching operations at night, verdict and judgment for plaintiff predicated on negligence of conductor in ordering him to board train moving unreasonably fast, handholds on cars of which were known to be icy, held warranted by evidence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. GEORGE W. BRISTOW, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the October term, 1944.
Drennan J. Slater and James B. O'Shaughnessy, for appellant;
Joseph D. Ryan and Louis P. Miller, for appellee.
Not to be published in full. Opinion filed May 18, 1945; rehearing opinion filed November 7, 1945; released for publication November 27, 1945.