Votrain v. Illinois Terminal R. Co.

LOZIER, Commissioner.

Action under the Federal Employers’ Liability Act, 45 U.S.C.A. §§ 51-60. Plaintiff had a $75,000 verdict and, in compliance with the trial court’s conditional order, remitted $30,000. Defendant appealed, alleging error: In refusal of an instruction, in overruling defendant’s motions for a directed verdict and in failing to grant a mistrial for alleged improper argument by plaintiff’s counsel. Defendant also contends that the $45,000 judgment is excessive.

Plaintiff sustained his injuries in a fall into the elevator shaft at defendant’s 12th and Delmar Station. The elevator…