Brundege v. Chicago, Burlington & Quincy Railroad

An action was instituted by appellee against appellant in the circuit court of Bureau county under the Federal Employers’ Liability Act, Cahill’s St. ch. 114, If 321, to recover damages for the death of Melvin J. Brundege, who was struck and killed by one of appellant’s trains at its Fifth Avenue Station, LaGrange, Illinois, on January 24, 1925.

The declaration consisted of eight counts, the sixth count of which was by the court withdrawn from the consideration of the jury. All of the counts charged that both appellee’s intestate and appellant railroad company were engaged in interstate…