Fort Worth & Denver Railway Company v. Albert Janski

JONES, Circuit Judge.

Albert Janski, the plaintiff, appellee here, was a fireman of the defendant, Fort Worth and Denver Railway Company, appellant here. On July 24, 1951, plaintiff was working on a passenger train of defendant entering its yards at Dalhart, Texas, at a speed of around 45 to 50 miles per hour. An open switch caused plaintiff to jump. He sustained injuries for which he sought damages of the defendant under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. The defendant admitted liability. The jury found damages as follows:

Loss of earnings to date. .$ 9,550.00…