Patzke v. Chesapeake & Ohio Railway Co.

This Federal employers’ liability action resulted in a jury verdict of $118,000 for plaintiff; The trial court granted defendant’s motion' for new trial, stating:

“It appearing to the court that for the reasons set forth in defendant’s motion for a new trial and because it is the court’s belief that a miscarriage of justice has resulted, a new trial is and the same is hereby ordered.”

Plaintiff appeals, contending the trial judge abused his discretion in granting a new trial.

Plaintiff testified that he had been thrown off the top of a box car (December 3, 1955) by a defective hand brake.

Defendan…