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Glen T. Rogers, Appellee, v. New York, Chicago and St. Louis Railroad Company, Appellant.

MASTER AND SERVANT, § 427 — when verdict for plaintiff under Federal Employers' Liability Act was against manifest weight of evidence. In personal injury action under Federal Employers' Liability Act resulting in verdict for plaintiff, where it appeared that plaintiff's proofs and argument of his attorney to jury did not conform as to place where injury occurred while plaintiff was climbing through cars of freight train, and testimony was conflicting as to how and where injury occurred, held that verdict was against manifest weight of evidence.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by PRESIDING JUSTICE KILEY.

Not to be published in full. Opinion filed February 13, 1946; rehearing denied March 1, 1946; released for publication March 8, 1946.

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ROGERS v. NEW YORK, C. ST. L. R. CO
(Feb 13, 1946)