Ferak v. ELGIN, JOLIET & EASTERN RAILWAY CO.

Michael Ferak suffered injuries while employed by defendant railroad as a yard worker and brought this suit under the Federal Employers’ Liability Act (45 U.S.C. sec. 51 et seq.). He died on May 6, 1965, and on October 27, 1969, his death was suggested of record in the trial court and his son, Bernard Ferak, as special administrator, was substituted as plaintiff. Judgment for $75,000 was entered upon a jury verdict for plaintiff. The Appellate Court for the First District affirmed (9 Ill. App. 3d 199), and we granted leave to appeal.

Defendant’s arguments here are twofold: (1) that the action…