Frank A. Vitarelle v. The Long Island Rail Road Company

Plaintiff-appellant, an electrician employee of The Long Island Rail Road Company, was injured in the course of his employment and brought this action against appellant pursuant to the Federal Employers’ Liability Act. The case was tried to a jury. When the forelady reported the verdict, the following occurred :

The Clerk: Madam Forelady, have you agreed upon a verdict?

The Forelady: Yes, we have.

The Clerk: What is your verdict, please ?

The Forelady: We have found that the defendant — the plaintiff was negligent.

The Clerk: You say you find for the defendant.

Members of the jury listen to your…