Allen v. Union Pacific Railroad

This action was brought to recover damages for personal injuries. The cause was tried to the court and a jury and resulted in a verdict in favor of the plaintiff, Rex Allen, in the amount of $40,000. The defendant, Union Pacific Railroad Company, moved for a new trial or, in the alternative, for reduction of the verdict. The court granted the motion in an order which provided for a new trial in the event Allen did not consent to a reduction of the verdict to $27,000. He refused to consent to the reduction and appeals from the order.

The facts are these: Allen was employed by Union Pacific as a…