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HOWARD v. GULF, MOBILE & OHIO R. CO.

Term No. 57-F-6.

13 Ill. App.2d 482 (1957)

142 N.E.2d 825

Roscoe Howard, Plaintiff-Appellee, v. Gulf, Mobile & Ohio Railroad Company, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Released for publication June 4, 1957.

Attorney(s) appearing for the Case

Oehmke, Dunham & Boman, of East St. Louis, and Gillespie, Burke & Gillespie, of Springfield (Wm. C. Dunham, and Thomas Keefe, of East St. Louis, Louis F. Gillespie, and George B. Gillespie, of Springfield, of counsel) for defendant-appellant.

William C. Wines, and Graham & McElligott, all of Chicago, and Baker, Kagy & Wagner, of East St. Louis (William C. Wines, Errett O. Graham, and John A. McElligott, of Chicago, and Bernard H. Bertrand, of East St. Louis, of counsel) for plaintiff-appellee.

PRESIDING JUSTICE SCHEINEMAN delivered the opinion of the court.

Plaintiff Roscoe Howard was injured during the course of his employment as fireman by the defendant railroad, and he filed this suit under the Federal Employers Liability Act. He obtained judgment on a verdict of $125,000, and the post-trial motions of defendant were overruled. On this appeal the defendant concedes that the evidence adequately disclosed negligence on its part, but asserts there are other...

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