Ernhart v. Elgin, Joliet & Eastern Railway Co.

delivered the opinion of the court."

This is an action under the Federal Employers Liability Act (45 U. S. C. A. § 51 et seq.). The verdict was for plaintiff for $40,000 and judgment was entered upon the verdict. Defendant appealed directly to the Illinois Supreme Court. That court transferred the case here (399 Ill. 512), because the validity of a statute was not involved so as to warrant the direct appeal.

Plaintiff, a resident of Indiana, was employed by the defendant as a switchman in 1937. In February 1940 he was injured when a stirrup on a freight car gave away and he was thrown to the…