Martin v. Foss Launch & Tug Co.

The plaintiff was injured while employed on a tug boat belonging to the defendant, as a result of the unseaworthiness of the vessel. In the trial of this action, the jury was instructed that the defendant was liable as a matter of law and that the sole issue for its determination was the amount of damages. It returned a verdict awarding the plaintiff $6,160 for care and maintenance, and $34,074 for personal injuries, a total of $40,234.

In ruling on the defendant’s motion for a new trial, the trial court determined that the verdict was excessive and gave the plaintiff the option of accepting a…