Counts v. Thompson

This is an action for damages for personal injuries under the Federal Employers’ Liability Act. (45 U.S.C.A. 51 et seq.) Plaintiff had verdict for $165,000.00, which was reduced by ' remittitur (in the trial court) to $140,000.00. Defendant has appealed from the judgment entered for that amount.

Defendant alleges error in instructions, improper argument, exclusion of evidence and excessive verdict. Plaintiff (a brakeman) lost both legs when defendant’s engine and tender (on which plaintiff was riding) backed into standing cars during a night switching movement, at a speed of 25 miles per hour…