Arnold v. Alton Railroad Co.

* NOTE: Opinion filed at May Term, 1938, May 3, 1938; motion for rehearing filed; motion overruled December 20, 1938; motion to transfer to Court en Banc filed; motion overruled at September Term, February 21, 1939. This action is founded upon an alleged violation of the Federal Boiler Inspection Act (45 U.S.C.A., secs. 22-34); Ernest A. Arnold seeking a judgment in the sum of $75,000 against the Chicago Alton Railroad Company, a corporation. Defendant prosecutes the appeal from an order sustaining plaintiff's motion for new trial; and the issues involve the submissibility of plaintiff's…