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JENSEN v. ELGIN, JOLIET & EASTERN R. CO.

Gen. No. 48,184.

31 Ill. App.2d 198 (1961)

175 N.E.2d 564

Nancy Jensen, Administratrix of Ole Jensen, Deceased, Plaintiff-Appellee, v. Elgin, Joliet and Eastern Railway Company, a Corporation, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

Rehearing denied June 13, 1961.

Attorney(s) appearing for the Case

Stevenson, Conaghan, Hackbert, Rooks and Pitts, of Chicago (Harlan L. Hackbert and Robert L. Hesse, of counsel), for appellant.

Samuel E. Bublick and Meyer Z. Grant, of Chicago (Nat P. Ozmon, of counsel), for appellee.

MR. PRESIDING JUSTICE BURKE delivered the opinion of the court.

This is an appeal from a judgment awarding the plaintiff, Nancy Jensen, Administratrix of the Estate of Ole Jensen, deceased, $10,000 for damages under the survival provision of the Federal Employers' Liability Act (45 U.S.C. § 59). The decedent, a switching foreman, sustained a back injury when he attempted to throw a puzzle switch which was in an unsafe and inoperative condition by reason of the...

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