Fitzpatrick v. St. Louis-San Francisco Railway Co.

STORCKMAN, Judge.

The plaintiff, a brakeman employed by the defendant, brought this action under the Federal. Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. to recover damages for the loss of his right eye. The jury found for the plaintiff and assessed his damages at $45,000. Defendant’s motion for new trial was overruled on the condition that the plaintiff remit the sum of $15,000, which was done. Defendant has appealed from the plaintiff’s final judgment for $30,-000.

The plaintiff, 60 years old, married and living at Springfield, Missouri, began working for the defendant railroad on…