Tatham v. Wabash Railroad

This is an action under the Federal Employers’ Liability Act. The superior court of Cook County sustained defendant’s motion to strike plaintiff’s second amended complaint, plaintiff elected to stand by his pleading, and judgment was entered for the defendant. Plaintiff appealed to the Appellate Court, First District, which affirmed the judgment. (343 Ill. App. 221.) We allowed plaintiff’s petition for leave to appeal.

Shortly stated, the case made by the complaint, augmented by answers to interrogatories, is this: Plaintiff was employed by defendant as a supervising gang foreman in a…