Conkey v. New York Central Railroad

The defendant moves to set aside a verdict of $300,000 recovered by the plaintiff in an action brought under the Federal Employers’ Liability Act (U. S. Code, tit. 45, § 51 et seq.). The motion is made upon three grounds; (1) there was no evidence of negligence on the part of the defendant; (2) reversible error was committed in receiving two photographs showing plaintiff’s injuries; (3) the verdict is excessive.

Plaintiff, a brakeman employed by the defendant, was injured in the Goodman Street yards maintained by the defendant in the city of Bochester. In the early morning of December 31,…