Dempsey v. Thompson

This case comes to the writer on reassignment. It is an action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., for personal injuries sustained by plaintiff, a fireman on defendant’s steam locomotive, when the locomotive was derailed at a point between Alix and Ozark, Arkansas. Defendant by answer admitted the derailment and that plaintiff’s resultant injuries were due to negligence of defendant. The issue was the amount of damages as would fairly and reasonably compensate plaintiff. The jury awarded plaintiff $55,000 damages, which award was reduced by remittitur, and…