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eBook details

• Title: Allendorf v. E.J. & E. Ry. Co.
• Author : Supreme Court of Illinois
• Release Date : January 22, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

James Allendorf, an Indiana resident, was killed on March 3, 1952, while performing his duties as switch foreman in the defendant's
railroad yards at Gary, Indiana. Thereafter, his wife, Ruth Allendorf, filed this action in the circuit court of Cook County,
as special administratix, to recover damages under the provisions of the Federal Employers' Liability Act. (45 U.S.C.A. sec.
51-59.) Trial was had by a jury, which, in addition to returning special findings as to negligence which were favorable to
the plaintiff, also rendered a verdict for her in the amount of $127,500. After judgment was entered thereon, the defendant
filed motions in arrest of judgment, for judgment notwithstanding the verdict, and for a new trial. As a basis for the former,
it was contended that section 2 of the Injuries Act (Ill. Rev. Stat. 1951, chap. 70, par. 2,) precludes Illinois courts from
assuming jurisdiction of a wrongful death action arising in a sister State. In opposition thereto, plaintiff argued that the
statute, insofar as it so provided, was in conflict with the supremacy clause of article VI of the United States constitution,
and was therefore unconstitutional. The defendant's motions were subsequently denied and direct appeal has been taken to
this court. In addition to the constitutional issue presented, the defendant contends that the verdict was not properly supported
by the evidence and that the trial court erred in allowing certain actuarial testimony.

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