Heinz v. LEHIGH VALLEY RAILROAD COMPANY

OPINION

LUONGO, District Judge.

This is an F.E.L.A. case. Liability was admitted by defendant. The jury awarded plaintiff damages in the amount of $13,510. “The verdict was, in the opinion of the plaintiff, grossly inadequate.” (Plaintiff’s brief, p. 1) Plaintiff, therefore, seeks a new trial, assigning as grounds the court’s instructions relating to causation.

Since this is an F.E.L.A. case, plaintiff is entitled to recover all damages caused in whole or in part by defendant’s negligence. 45 U.S.C. § 51; Rogers v. Missouri Pacific Railroad Co., 352 U.S. 500, 77 S.Ct. 443, 1 L.Ed.2d 493 (1957).…