Smith v. Illinois Central Railroad

Christianson, Justice.

Action is brought by plaintiff to recover damages under the Federal Employers’ Liability Act for death by wrongful act of plaintiff’s decedent allegedly caused by the negligence of defendant. *53The jury returned a verdict for defendant, and plaintiff moved for a new trial upon the ground, among others, that the verdict was not justified by the evidence and is contrary to law. Thereafter, the trial court entered its order granting plaintiff’s motion for a new trial “upon the ground and for the reason that the verdict of the jury is not justified by the evidence.” The…