Brabeck v. Chicago & North Western Railway Co.

Otis, Justice.

This action was brought for death by wrongful act under the Federal Employers Liability Act 1 and resulted in a verdict for plaintiff in the sum of $110,000. Defendant appeals from an order denying its motion for judgment n. o. v. or a new trial. The issues presented are: First, whether it was error to receive in evidence an operating rule designated as 7-B; second, whether the amount of the verdict is excessive; third, whether counsel for plaintiff was guilty of prejudicial misconduct in addressing himself to decedent’s children in his closing argument; and, fourth, whether the…