Helton v. Thomson

Mr. Presiding Justice Friend

delivered the opinion of the court.

Robert A. Helton, administrator of the estate of Walter J. Probert, deceased, brought suit under the Federal Employers’ Liability Act to recover damages for the death of his intestate. The jury returned a verdict in favor of plaintiff assessing his damages at $13,500. Defendant appeals from the judgment entered on the verdict.

There is substantially no dispute as to the salient facts. Defendant operates a railroad with two double track main lines between Chicago and Milwaukee. On the night of February 3, 1938, its freight train,…