Kiddy v. Toledo, Peoria & Western Railroad

Plaintiff-Appellee, Roy Kiddy, brought this action in the Circuit Court of Peoria County against Defendant-Appellant, Toledo, Peoria & Western Railroad, seeking damages for personal injury under the provisions of the Federal Employers’ Liability Act. The jury returned a verdict in the amount of $53,800 upon which judgment was entered. Defendant’s post-trial motion was denied, from which this appeal follows.

On September 23,1963, plaintiff, Roy Kiddy, as an employee of defendant, Toledo, Peoria & Western R. Co., was engaged in replacing switches in the yard of the defendant railroad. The work…