Alabama Great Southern Railroad Co. v. Gambrell

STAICELY, Justice.

This is an appeal by defendant from a judgment of the trial court granting plaintiff’s motion for a new trial. The action was under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., and the plea was in short by consent. The trial resulted in a judgment on a verdict in favor of the plaintiff and against the defendant for the sum of $15,000. The trial court did not specify the grounds of the motion furnishing the basis of its action but it did specify that its action was not based on grounds numbered, respectively, 8, 9, 10, 11, 12, 15, 42, 43 and 44.

Plaintiff…