Louisville & Nashville Railroad Co. v. Mattingly

PALMORE, Judge.

This is the second appeal in a personal injury action brought by the appellee, Spencer Mattingly, against the appellant, Louisville and Nashville Railroad Company. The first trial, in March of 1956, resulted in a jury verdict and judgment for plaintiff in the amount of $20,000, which this court reversed as being excessive under the evidence presented. The second trial, in May of 1959, was on the sole question of damages and resulted in a jury verdict and judgment for plaintiff in the amount of $62,331. This appeal followed.

The errors assigned are that (1) the damages are…