Thatch v. Missouri Pacific Railroad

Mr. PRESIDING JUSTICE CARTER

delivered the opinion of the court:

This is an appeal by the Missouri Pacific Railroad Company, defendant-appellant, from a judgment entered on a jury verdict in the Circuit Court, St. Clair County, in favor of plaintiff-appellee, William Thatch, in the amount of $249,200. Defendant contends that: (1) the issue of plaintiff’s contributory negligence was a question of fact to be determined by the jury, and (2) plaintiff’s counsel in his closing argument prevented defendant from receiving a fair trial, and (3) the verdict was excessive.

On August 6, 1969, plaintiff was…