McGrath v. Chicago & North Western Transportation Co.

Kathleen and James McGrath, plaintiffs below and appellants here, sued Chicago and North Western Transportation Co. (C&N) for damages from a collision between two cars. This accident occurred on a public road which had been partly blocked while C&N performed repair work. After the jury returned a verdict for the defendant, the plaintiffs filed a motion for a judgment n.o.v. on liability and a new trial on damages or, in the alternative, a new trial on all issues. The trial judge denied this motion.

The McGraths now appeal, asserting they were deprived of a fair trial and are entitled to a new…