Farnsworth v. Western Pacific Railroad

This is an appeal from a judgment awarding respondent $64,000 damages for personal injuries arising out of an accident that occurred on April 11, 1960. The basis for the liability imposed is the Federal Employers’ Liability Act. (45 U.S.C.A. § 51 et seq.) Appellant contends (1) there is no evidence of its negligence; (2) the respondent was contributorily negligent; (3) the negligence of a third party *479contributed to the happening of the accident, and finally (4) that the damages awarded are excessive.

Appellant’s first contention is not supported by the record. There is some basis for…