Burkey v. Montour Railroad

GOURLEY, Chief Judge.

This proceeding involves a claim for damages under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq.

Upon jury trial, a verdict was returned in favor of plaintiff in the amount of $15,000.

The immediate matter before the court relates to a motion for new trial on the sole ground that the verdict was excessive.

Defense counsel at time of argument waived any additional contention in support of his motion for new trial, asserting that he is satisfied that sufficient evidence was adduced at time of trial to sustain defendant’s liability.

Plaintiff is fifty-one years…