Finley v. New York Cent. R.R. Co‪.‬

John Finley, employed as a car inspector by the New York Central Railroad, brought suit against his employer in the city court of East St. Louis for damages under the Federal Employers' Liability Act. Trial before a jury resulted in a verdict of $26,750 for the plaintiff. On defendant's motion the trial judge entered judgment for defendant notwithstanding the verdict. Plaintiff appealed to the Appellate Court for the Fourth District where the judgment was affirmed. (Finley v. New York Central Railroad Co. 22 Ill. App.2d 362.) The cause is here for further review on leave to appeal granted by this court. The injury for which the action was brought was sustained as plaintiff was attempting to pry shut the door of a boxcar. The door had been stuck, and the plaintiff was using a large crowbar to loosen it. As he pried with the bar, the door suddenly sprang closed and the plaintiff fell to the ground on his back. The principal issue is whether the evidence was sufficient to go to the jury on the question of negligence by the defendant. Plaintiff contends there was evidence that defendant negligently failed to furnish him with reasonably suitable tools, that defendant was negligent in ordering him to close damaged and defective doors, and that defendant negligently failed to inspect and repair the damaged and defective car doors.