Kelsey v. Chicago, Rock Island & Pacific Railroad

Rogosheske, Justice.

This is an action for personal injuries and property damages resulting from a collision of a crack driven by plaintiff with a railroad tie belonging to the defendant. After a jury verdict for defendant, the trial court made an order granting plaintiff a new trial and defendant appeáls therefrom. The question of the appealability of the order was before us recently. We remanded for clarification of the basis of the order, and the trial court responded by declaring that it was based exclusively upon an error of law. Accordingly a review on the merits is required.

The facts…