Farr v. Chicago & Eastern Illinois Railroad

For a second time, this case comes to our Court. In the first appeal judgment in favor of plaintiff in the sum of $6,250 was set aside for the failure of the trial court to withdraw from the jury the wilful and wanton counts of the complaint (3 Ill.App.2d 209 (Abst.)). In the second trial the jury again returned a verdict in favor of plaintiff, this time in the sum of $3,250, upon which the court entered the judgment from which this appeal is taken.

Originally there were four counts in the complaint, but on the second trial the case went to the jury on Count II, the other counts having been…