Peterson v. Norfolk & Western Railway Co.

Mr. PRESIDING JUSTICE SIMKINS

delivered the opinion of the court:

Plaintiff, Irene M. Peterson, an employee of the defendant railroad, filed a complaint based upon the Federal Employers’ Liability Act (45 U.S.C. §51 et seq.) alleging she had been injured during the course of her employment. The circuit court of Macon County granted defendant’s motion to dismiss the complaint and entered judgment for defendant. The plaintiff appeals.

The issue on appeal is whether the complaint was properly dismissed.

The complaint, in substance, alleges plaintiff was employed in the defendant’s district claims…