Southern Pacific Transportation Co. v. Fitzgerald

OPINION

By the Court,

GUNDERSON, J.:

Injured when appellant Southern Pacific’s engine collided with a freight car on which he was working, respondent Fitzgerald sought damages for personal injuries and lost wages pursuant to the Federal Employers’ Liability Act. Following a judgment for $493,569 and an order denying a new trial, Southern Pacific has appealed, urging that the district court erred in refusing a continuance, excluding evidence, instructing the jury, permitting a portion of respondent’s closing argument, and admitting expert opinion evidence. These contentions all lack merit.

1. On…