Monessen Southwestern Railway Co. v. Morgan

I agree with the Court’s conclusion that the availability of prejudgment interest in a suit under the Federal Employers’ Liability Act (FELA), 35 Stat. 65, as amended, 45 U. S. C. §51 et seq., is governed by federal law, and that the state trial court therefore was not at liberty to supplement appel-lee’s judgment on the basis of Rule 238 of the Pennsylvania *343Rules of Civil Procedure. I also agree with the Court’s conclusion that the trial court erred in refusing to instruct the jury on present value pursuant to federal law. Accordingly, I join Parts I, II-A, and III of the Court’s opinion.…