Katila v. Baltimore & O. R.

SIMONS, Circuit Judge.

In an action under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. for damages due to injuries received while in the employ of the defendant, the appellant by verdict, of the jury was awarded ■ $8,000. He complains of its inadequacy, his main grievance being that the court, - while permitting proved damages to be reduced in the ratio that his own negligence bore to total negligence, yet erroneously withheld from the jury a specification of substantial negligence notwithstanding a specific request that it be submitted. A new trial is therefore sought.

Katila,…