Marquardt v. Kansas City Southern Railway Co.

EAGER, Judge.

This is a suit under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. for personal injuries allegedly due to defendant’s negligence. It is conceded that plaintiff and defendant were engaged in interstate commerce. Plaintiff recovered a verdict for $75,000 which was reduced, by a required remittitur, to $50,000. This appeal followed. The case was first submitted in Division One of this court, where an opinion was written but failed of adoption. The case was transferred to the Court in Banc of the Court’s own motion.

While we shall relate the facts in some detail, it…