Gourley v. Chicago & Eastern Illinois Railway Co.

Mr. Presiding Justice Friend

delivered the opinion of the court.

Arthur F. Gourley, plaintiff, brought suit to recover damages for personal injuries sustained in a collision between two railroad trains at Marion, Illinois. After the jury had returned a verdict in his favor for $80,000, the court rendered judgment in favor of the defendant, non obstante veredicto, from which plaintiff appeals.

The amended complaint, as subsequently amended, consisting of one count, alleges in substance that on and prior to August 3, 1933, the Chicago & Eastern Illinois Railway Company, defendant, was engaged in…