Cooksey v. Atchison, Topeka & Santa Fe Railway Co.

Defendant appeals from a judgment, based upon a verdict of a jury, awarding plaintiff $42,000, as damages for personal injuries sustained by him while he was an employee of the defendant.

The accident occurred March 10, 1945, when plaintiff, who was working as a conductor, fell from a freight car on which he was attempting to set the hand brake. Defendant admitted liability under the Federal Safety Appliance Act, and the only issue before the trial court was the extent of damages.

Appellant contends that the award was excessive, and could have been given only under the influence of passion or…