Missouri Pacific Railroad Company v. Kimbrell

This is an action for personal injuries brought under the provisions of the Federal Employer’s Liability Act, 45 U.S.C.A., Sec. 51 et seq. In the trial court the plaintiff, William Kimbrell, respondent here, was awarded judgment, based upon jury findings, for $120,000.00 against petitioner, Missouri Pacific Railroad Company. The Court of Civil Appeals found that the judgment was excessive by $30,000.00 and ordered that the same be reversed and the cause remanded unless respondent filed a remittitur of that sum. Upon respondent’s filing the remittitur the Court of Civil Appeals affirmed the…