Ernhart v. Elgin, Joliet & Eastern Railway Co.

In an action in the superior court of Cook County under the Federal Employers’ Liability Act, (45 U.S.C.A. par. 51 et seq.), the plaintiff, Kenneth S. Ernhart, recovered a judgment of $40,000 for personal injuries suffered when defective equipment allegedly caused him to fall from a train of the defendant, Elgin, Joliet and Eastern Railway Company, which was being operated in train yards at Gary, Indiana. Claiming that plaintiff’s employment at the time of the accident did not bring him within the provisions of the Federal Employer’s Liability Act, defendant appealed to this court contending…