Koonse v. Missouri Pacific Railroad

This is an action, based on the Federal Employers' Liability Act, to recover damages for the death of plaintiff's intestate. The jury returned a verdict for $35,000, but, to forestall the sustention of the motion for a new trial, plaintiff, on order of court, remitted the sum of $10,000, whereupon the motion for a new trial was overruled and judgment was entered for $25,000. Defendant appealed.

The facts submitted in behalf of plaintiff warrant the finding that, at the time of his death, plaintiff's husband and intestate, thirty-five years of age, was employed by defendant railroad as a…