Opinion
Gen. No. 44,547. (Abstract of Decision.)
Opinion filed January 24, 1949 Released for publication February 4, 1949
MASTER AND SERVANT, § 522 — erroneous instruction in action under Federal Employers' Liability Act. In switchman's action under Federal Employers' Liability Act for injuries allegedly received when brake platform upon which he was standing when releasing a brake during switching operations gave way, instructing as to provisions of Act relating to liability of a railroad for injuries by reason of any defect in its cars and appliances but omitting the statutory language "due to its negligence" was reversible error ( 45 USCA § 51).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. JOSEPH A. GRABER, Judge, presiding.
Reversed and remanded. Heard in the first division, first district, this court at the October term, 1948.
Winston, Strawn, Shaw Black, for appellant;
George B. Christensen, Douglas C. Moir and Edward J. Wendrow, of counsel;
A.H. Dudnik and Edward S. Cody, for appellee;
Harley S. Cook, of counsel.
Not to be published in full. Opinion filed January 24, 1949; released for publication February 4, 1949.