Bennett v. Denver & Rio Grande Western R. Co.

LATIMER, Justice.

The first part of this opinion is concurred in by all members' of the court. The latter part dealing with excessive damages is concurred in by the Chief Justice only, so that the views expressed and the action taken by Mr. Justice Wade, Mr. Justice Wolfe, and Mr. Justice McDonough require an affirmance of the judgment.

This case involves an appeal and cross-appeal from a judgment for damages suffered by respondent while he was employed by appellant as a head brakeman. The cause of action is founded on the rights and liabilities created by the Federal Employers’ Liability Act,…