Hall v. Chicago & North Western Railway Co.

Mr. Presiding Justice Friend

delivered the opinion of the court.

The plaintiff, James P. Hall, brought suit under the Federal Employers’ Liability Act (45 U. S. C. A. 51-GO) to recover damages for personal injuries sustained while he was employed as a brakeman by the defendant, Chicago and North Western Railway Company, a common carrier engaged in interstate commerce. The suit contained two causes of action. Under count 1 plaintiff sought to recover damages for injuries sustained on January 21, 1947; that count was dismissed 15 before the conclusion of the trial on plaintiff’s motion and is not…