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JOHNSON v. PENNSYLVANIA R. CO.

Gen. No. 47,260.

17 Ill. App.2d 508 (1958)

151 N.E.2d 125

William Wesley Johnson, Plaintiff-Appellant, v. Pennsylvania Railroad Company, Defendant-Appellee.

Appellate Court of Illinois — First District, Second Division.

Released for publication July 1, 1958.

Attorney(s) appearing for the Case

Fuerst & Fuerst, Schwartzberg & Barnett, and David Alswang, all of Chicago (David Alswang, of counsel) for appellant.

Kirkland, Fleming, Green, Martin & Ellis (Robert H. Bierma, A.L. Foster, Max E. Wildman, and William R. Jentes, of counsel) for appellee.

PRESIDING JUSTICE KILEY delivered the opinion of the court.

This is an F.E.L.A. case with verdict of not guilty and judgment against plaintiff who has appealed.

On June 14, 1955, at about 3:30 A.M. plaintiff, then a hostler employed by defendant in its Hawthorne Yards near Indianapolis, fell from the side of a locomotive while engaged in the filling of a locomotive sand box. The sand boxes were filled from an...

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