Boyer v. ATCHISON, T. & SF RY. CO.

This appeal is taken from a judgment entered on a verdict for plaintiff for personal injuries sustained by him as a passenger on defendant’s railroad train. On a prior appeal of this case, a judgment on the pleadings for defendant was reversed and a trial ordered on the merits. (Boyer v. Atchison, T. & S. F. Ry. Co., 34 Ill App2d 330, 181 NE2d 372.)

After the case was remanded for trial, and before the trial, defendant amended its answer, alleging that the free pass under which plaintiff was riding was issued to “E. S. Boyer and Wife,” whereas the party with whom plaintiff was traveling when…