Wells v. Reading Co.

VAN DUSEN, District Judge.

This case comes before the court on plaintiff’s motion for new trial after entry of judgment for the plaintiff in the amount of $2,500 on the special verdict of the jury.1

The testimony offered during the four-day trial of this suit under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., among other things, disclosed the following:

A. Plaintiff was the fireman-helper on a large, double-unit, diesel, railroad engine (approximately 109 feet long) *827used on defendant’s fast passenger train, “The Crusader.” This engine, to which no cars had yet been attached,…