Jeffries v. Long Island Rail Road

Steuer., J. (dissenting).

We concur with the majority on the question of damages but believe that a new trial should be ordered because the verdict was against the weight of the credible evidence. The action is brought under the Federal Safety Appliances Act and the basis of the action is that the hand brake on a railroad fiat car failed to work. There are serious discrepancies in the testimony of the so-called eye witnesses and other discrepancies between testimony and statements made before trial. These, however, merely give additional weight to the physical evidence. Plaintiff’s witness…