Davis v. Chicago & Eastern Illinois Railway Co.

Frank B. Davis obtained a verdict and judgment of $12,500 against The Chicago Eastern Illinois Railway Company, a common carrier corporation engaged in interstate commerce, for personal injuries sustained by plaintiff by reason of the violation by defendant of the Federal statute known as the Boiler Inspection Act (45 U.S.C.A., sec. 23), and prosecutes this appeal from an order granting defendant a new trial.

In final analysis the main controversy revolves around the pleadings, and possibly the instructions, rather than the facts on the merits. Defendant makes no contention now that plaintiff…