Herb v. Pitcairn Belcher v. Louisville & N.R. Co

Far-reaching implications of the Court’s action in both these cases impel me to state the reasons for my disagreement.

*129In November, 1936, Herb (the petitioner in No. 24) lost a leg and suffered other severe injuries. He commenced an action against the railroad in an Illinois City Court, was awarded a verdict, the trial judge entered judgment for the railroad notwithstanding the verdict, and an Illinois intermediate appellate court reversed and directed that judgment be entered for Herb. 306 Ill. App. 583, 29 N. E. 2d 543. The Illinois Supreme Court reversed the Appellate Court’s judgment…