McCray v. Illinois Central Railroad

JUDGE BURKE

delivered the opinion of the court.

Charles McCray sued the Illinois Central Railroad Company for damages under the provisions of the Federal Employers’ Liability Act. A trial resulted in a verdict finding the defendant guilty and assessing damages in the sum of $36,000. Judgment was entered upon the verdict. Upon denial of the defendant’s motions for judgment notwithstanding the verdict and in the alternative for a new trial, defendant appealed.

At the time of the trial plaintiff was 61 years old. In 1917 he commenced working at the Burnside Yards of the defendant, the entrance to…