McGlothan v. Pennsylvania R. Co.

McGRANERY, District Judge.

This was originally an action under the Federal Employers’ Liability Act, § 1, 45 U.S.C.A. § 51, and was’brought by Robert McGlothan as administrator of the estate of Edna Hawkins, for the benefit of her husband, Benjamin Hawkins. On November 20, 1946, judgment on a jury verdict was entered for plaintiff in the sum of ten thousand dollars ($10,000). However, on defendant’s motion a partial new trial was ordered on the specific issue of Robert Mc-Glothan’s capacity to sue for the benefit of Benjamin Hawkins. Jury trial on that issue was waived and the partial new…