N.Y., C. & St. L.R.R. v. Transit Lines

Rehearing denied March 19, 1951. Suit was filed in the circuit court of Ford County by the New York, Chicago and St. Louis Railroad Company against the American Transit Lines, Inc. A trial before a jury resulted in a verdict for the plaintiff in the sum of $17,800. After the verdict was returned, plaintiff filed a motion for judgment in its favor against the defendant for the amount of $51,242.22, notwithstanding the verdict of the jury in favor of plaintiff for the above amount. An alternative motion for a new trial was also filed by plaintiff. Both motions were overruled. A countermotion was filed by the defendant, asking the court to reduce the verdict by crediting thereon the sum of $2000, which plaintiff had received from two other defendants to whom it had given a covenant not to sue. This motion was allowed and judgment entered on the verdict in the sum of $15,800. The plaintiff appealed to the Appellate Court, where the judgment was affirmed. No cross appeal was taken by appellee. The cause is now in this court, leave to appeal having been allowed.