Barrett v. Chicago & N. W. Ry. Co.

DUFFY, Circuit Judge.

This is an appeal from a judgment in favor of the plaintiff, in an action brought under the Illinois death by wrongful act statute. The case was tried to a jury which brought in a verdict for plaintiff, and in answer to an interrogatory, found that plaintiff’s intestate, John D. Barrett, was in the exercise of ordinary care for his own safety. Defendant's motions for judgment notwithstanding the verdict and, in the alternative, for a new trial were denied.

The accident occurred on a clear, dry day at about 10:00 A.M. on January 10, 1951, at defendant’s Ravenswood,…