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Ernhart v. E.

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eBook details

  • Title: Ernhart v. E.
  • Author : Supreme Court of Illinois
  • Release Date : January 22, 1950
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Rehearing denied May 15, 1950. In an action in the superior court of Cook County under the Federal Employers' Liability Act, (45 U.S.C.A. par. 51 et seq.), the plaintiff, Kenneth S. Ernhart, recovered a judgment of $40,000 for personal injuries suffered when defective equipment allegedly caused him to fall from a train of the defendant, Elgin, Joliet and Eastern Railway Company, which was being operated in train yards at Gary, Indiana. Claiming that plaintiff's employment at the time of the accident did not bring him within the provisions of the Federal Employer's Liability Act, defendant appealed to this court contending that the construction of the Federal statute involved created a constitutional issue of such nature as to give this court jurisdiction on direct appeal. We held that it did not, and transferred the cause to the Appellate Court for the First District. (Ernhart v. Elgin, Joliet and Eastern Railway Co. 399 Ill. 512.) That court, after construing the statute to include plaintiff's employment, affirmed the judgment of the superior court. (387 Ill. App. 56, 84 N.E.2d 868.) On petition of the defendant, we have granted leave to appeal for further review.


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