Joseph W. Burkey v. Montour Railroad Company, a Corporation

In this personal injury Federal Employers’ Liability action arising out of an accident, liability for which was admitted, the court submitted an interrogatory to the jury asking “Is the present condition of the left shoulder of plaintiff, Joseph W. Burkey, the proximate result of the occurrence of January 17, 1952?” The jury answer was “Yes”.

On motion for a new trial the defense urged first, that the verdict in favor of the plaintiff and the special finding of the jury in response to the interrogatory were against the weight of the evidence and second, that the verdict was excessive. The…