Blanton v. Union Pacific Railroad

*619PETERSON, J.

We granted review in this personal injury case to consider the scope of a trial judge’s discretion. The defendant railroad appealed from a verdict and a judgment for plaintiff, a brakeman, in an action for personal injuries under the Employers’ Liability Act, 45 USC § 51 (1976), and related statutes. The railroad admitted liability. On trial, the jury found for the plaintiff, and judgment was entered in his favor. Defendant appealed to the Court of Appeals, claiming that the trial court erred in these respects, among others:

A. In failing to grant defendant’s motion for mistrial…