Esderts v. Chicago, Rock Island & Pacific Railroad

The administratrix of the estate of William J. Esderts, brought this action against the defendant, Chicago Rock Island & Pacific Railroad Company, based upon the Federal Employers’ Liability Act (45 USCA § 51, et seq.). The jury returned a verdict in the defendant’s favor, judgment was entered thereon and the plaintiff appeals.

The plaintiff contends that she was deprived of a fair trial because improper procedure was followed in the use of impeaching statements in the cross-examination of one of the plaintiff’s witnesses, because the trial court recalled the jury after proofs were closed and…