Jilek v. Missouri Pacific Railroad

JUDGE CULBERTSON

delivered the opinion of the court.

This action involves a proceeding against two defendants, Missouri Pacific Railroad Company, and Hlinois Central Railroad Company. The appeals in each case are taken separately and shall be treated separately in the course of this opinion. In one case the plaintiff Louis Jilek, is appealing from the order of the Circuit Court of Franklin county denying his motion for new trial which raised the point that the Trial Court erred in refusing to permit Mm to amend Ms pleadings to conform to the proof, and in directing a verdict in favor of…