ESPINOSA v. NORFOLK & WESTERN RY. CO.

No. 79-207.

87 Ill. App.3d 1147 (1980)

411 N.E.2d 41

JOSE A. ESPINOSA, Plaintiff-Appellee, v. NORFOLK AND WESTERN RAILWAY COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied October 17, 1980.


Attorney(s) appearing for the Case

Edward J. Kionka, of Columbia, and Pope & Driemeyer, of Belleville (Edward J. Kionka and Thomas W. Alvey, Jr., of counsel), for appellant.

John T. Pierce, Jr., of Pratt, Pierce, Bradford & Gitchoff, Ltd., of East Alton, for appellee.


Judgment affirmed.

Mr. JUSTICE KASSERMAN delivered the opinion of the court:

Defendant, Norfolk and Western Railway, appeals from a judgment of the Madison County Circuit Court entered in favor of plaintiff, Jose Espinosa, pursuant to his action for damages brought under the Federal Employers' Liability Act (45 U.S.C. § 51 et seq. (1976)). The only issue raised on appeal is whether the trial court abused its discretion in failing to grant defendant...

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