Owen Johnson v. Erie Railroad Company

On the retrial of this action which we ordered in Johnson v. Erie R. Co., 2 Cir., 236 F.2d 352, in reversing a verdict and judgment for the defendant, the jury awarded the plaintiff $1,500, upon which the trial judge entered judgment, denying plaintiff’s motion for a new trial. While the verdict is not large, yet we could not hold it inadequate (assuming that we had any power thereto in the premises) in view of the uncertainties as to the injuries and damages appearing on the record. Plaintiff’s assignment of error is based upon the judge’s charge that the jury might consider whether he was…