Hammond v. Pennsylvania R.

HAZEL, District Judge.

This action was brought under the federal Employers’ Liability Act (Comp. St- §§ 8657-8665) to recover damages for personal injuries sustained owing to defendant’s negligence in locating a gondola car on a crossover traek in close proximity to a passing engine upon which plaintiff was engaged as fireman, and in consequence of which he was struck by the car as he leaned out of the cab. The verdict of the jury was $77,000. On a previous trial the damages awarded by the jury were $47,000, but the judgment was reversed by the Circuit Court of Appeals because of submission to…