Onion v. Chicago & Illinois Midland Railway Co.

Defendant, Chicago and Illinois Midland Railway Company, appeals (1) the trial court’s decision to give a jury instruction on pain and suffering, and (2) the trial court's refusal of an instruction on the nontaxability of the jury award.

Plaintiff, John R. Onion, a railroad employee, brought a personal injury action against his employer, the defendant, pursuant to the Federal Employers’ Liability Act (FELA) (45 U.S.C. §51 et seq. (1982)). Over defendant’s objection the trial court decided not to instruct the jury that any damages awarded to plaintiff would not be subject to income tax.…