Walther v. Chicago & Alton Railroad

Mr. Presiding Justice Thompson

delivered the opinion of the court.

Plaintiff recovered a verdict and judgment against defendant for $2,500, as damages for personal injuries, from which the defendant prosecutes this appeal. The declaration, consisting of several counts, alleges in substance that plaintiff was in the employ of defendant as a laborer and a member of the “cleanup” gang in defendant’s Bloomington yards; that the men were operating a derrick, which was being used to transfer coal from coal cars to locomotive tenders; that while engaged in that work the derrick remained stationary;…