Blaylock v. Toledo, Peoria & Western Railroad

Mr. PRESIDING JUSTICE STOUDER

delivered the opinion of the court:

Plaintiff, Stanton Blaylock, commenced this action in the circuit court of Tazewell County seeking damages from the defendant, Toledo, Peoria & Western Railroad Company, under the terms of the Federal Employers’ Liability Act (45 U.S.C.A. §51 et seq.). Pursuant to the railroad’s motion for summary judgment the trial court entered judgment in the defendant’s favor and plaintiff has appealed.

In its response to the complaint, the railroad included in its answer an affirmative defense in which it alleged the plaintiff’s claim had…