Miller v. Terminal Railroad Assn.

This cause is under the Federal Employers' Liability Act, 45 U.S.C.A., sec. 51 et seq. The verdict was for $55,000 in favor of plaintiff. A remittitur of $25,000 was made; the motion for a new trial was overruled, and defendant appealed.

Ernest F. Miller was in the employ of defendant as switchman and while on duty was struck and killed July 12, 1940, in defendant's yards in East St. Louis, Illinois. Plaintiff, his widow, brought this suit as administratrix of his estate, to recover damages for the alleged wrongful death.

If plaintiff has a cause of action against defendant, it is conceded that…