Gately v. Chicago & E. I. R. Co.

MAJOR, Circuit Judge.

This appeal is from a judgment in favor of the plaintiff in an action for damages resulting from personal injuries sustained January 29, 1940. Plaintiff was a switch-man in the employ of the Wabash Railroad Company, and the injuries complained! of were received when he was struck by defendant’s switch engine, operating in the Danville Junction near Danville, Illinois.

The case was tried to a jury, upon a complaint which charged the defendant with certain acts of negligence and which alleged that plaintiff was in the exercise of due care and caution for his own safety. At…