People ex rel. Chicago & Eastern Illinois Railroad v. Fleming

The Chicago & Eastern Illinois Railroad Company sought leave to file a petition for an original writ of mandamus in the Appellate Court, Fifth District, to compel the respondent, Joseph E. Fleming, a judge of the circuit court, to enter a summary judgment in the Railroad’s favor. The petition charged that by refusing to grant the Railroad’s motion for summary judgment in a pending common-law negligence action, the circuit court had failed to comply with the mandate of the appellate court in a previous action between the same parties under the Federal Employers’ Liability Act, in which a…