BIRD v. LOWDEN, 309 Ill. App. 139 (1941)

32 N.E.2d 650

William B. Bird, Appellee, v. Frank O. Lowden et al., Trustees of Chicago Rock Island and Pacific Railway Company, Appellants.

Gen. No. 41,085. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed March 11, 1941 Rehearing denied March 27, 1941

MASTER AND SERVANT, § 431[*] — plaintiff’s negligence, action under Federal Employers’ Liability Act. Where plaintiff, a switchman, flagged a train because of a wreck, but held the lantern and his arm out over the track in front of the train with his back turned to the oncoming train, injuries he sustained when the train struck his extended arm were caused solely by his own negligence, precluding recovery from the railroad under the Federal Employers’ Liability Act.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Superior Court of Cook county; Hon. ROBERT A. MEIER, JR., presiding.

Judgment reversed. Judgment here in favor of defendants and against plaintiff notwithstanding the verdict. Heard in second division, first district, this court at February term, 1940.

Harry E. Boe and Daniel Taylor, for appellants; Milton V. Thompson, of counsel.

H.A. Barnhardt, for appellee.

Opinion by JUSTICE JOHN J. SULLIVAN.

“Not to be published in full.” Opinion filed March 11, 1941; rehearing denied March 27, 1941.