O'DONNELL v. Pennsylvania R. Co.

EDELSTEIN, District Judge.

Defendant railroad moves for a new trial in each of two separate causes tried under the Federal Employers’ Liability Act. The first cause of action went to the jury on damages only, liability being admitted. Serious back injury was testified to, but the errors alleged relate to two quite minor injuries also claimed, an elbow injury and an injury to the inside of the left cheek. There is no doubt that the evidence on the elbow injury was inconsistent and the medical testimony was weak. But I am convinced that the evidence was sufficient to go to the jury for a…