Lauer v. Elgin, Joliet & Eastern Railway Co.

Mr. Presiding Justice Matchett

delivered the opinion of the court.

In an action under the statute by the administrator for alleged negligence resulting in the death of Ella L. Lauer, on trial by jury, there was a verdict of guilty with damages assessed at $4,000, upon which the court overruling motions for a new trial and for judgment non obstante veredicto entered final judgment for plaintiff, from which defendant appeals.

It is urged for reversal that defendant was not guilty of wilful and wanton misconduct as charged in the complaint, and was not negligent; that deceased was guilty of…