Goertz v. Chicago & North Western Railway Co.

PRESIDING JUSTICE LEWE

delivered the opinion of the conrt.

This is a personal injury action. The jury returned a verdict finding defendant guilty and assessed plaintiff’s damages at $300,000, and also returned a special finding that plaintiff was in the exercise of due care. Judgment was entered accordingly. Defendant’s post-trial motions were denied and defendant appeals.

On April 13, 1951, plaintiff was a passenger on one of defendant’s commuter trains from Chicago to Des Plaines, Illinois, a regular stop. The train was travel-ling over the middle of three tracks which run through Des Plaines…