Garcia v. Southern Pacific Company

OPINION

CARMODY, Justice. •

Plaintiff, in this FELA case (45 U.S.C., § 51 et seq.), recovered judgment for $35,-000.00, based upon the jury’s verdict; and the defendant railroad appeals.'

Three questions are raised: (1) failure to submit contributory negligence to the jury, (2) receipt in evidence of mortality tables and an instruction as to their use as being error because there was no substantial evidence of permanent disability, and (3) that the verdict was excessive. The issue relating to the use of the mortality tables is dispositive of the appeal.

The plaintiff was injured in an accident…