Jensen v. Elgin, Joliet & Eastern Railway Co.

MR. PRESIDING JUSTICE BURKE

delivered the opinion of the court.

This is an appeal from a judgment awarding the plaintiff, Nancy Jensen, Administratrix of the Estate of Ole Jensen, deceased, $10,000 for damages under the survival provision of the Federal Employers’ Liability Act (45 U.S.C. 59). The decedent, a switching foreman, sustained a back injury when he attempted to throw a puzzle switch which was in an unsafe and inoperative condition by reason of the fact that it had not been properly oiled and maintained. The issue of the defendant’s liability was previously ascertained. See Jensen v.…