Joseph W. Burkey v. Montour Railroad Company, a Corporation

Third Circuit

Joseph W. Burkey v. Montour Railroad Company, a Corporation

220 F.2d 743, 1955 U.S. App. LEXIS 3412

CourtCourt of Appeals for the Third Circuit

DecidedMarch 30, 1955

Docket11493

StatusPublished

Cited by2 cases

This text of 220 F.2d 743 (Joseph W. Burkey v. Montour Railroad Company, a Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joseph W. Burkey v. Montour Railroad Company, a Corporation, 220 F.2d 743, 1955 U.S. App. LEXIS 3412 (3d Cir. 1955).

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Opinion

PER CURIAM.

In this personal injury Federal Employers’ Liability action arising out of an accident, liability for which was admitted, the court submitted an interrogatory to the jury asking “Is the present condition of the left shoulder of plaintiff, Joseph W. Burkey, the proximate result of the occurrence of January 17, 1952?” The jury answer was “Yes”.

On motion for a new trial the defense urged first, that the verdict in favor of the plaintiff and the special finding of the jury in response to the interrogatory were against the weight of the evidence and second, that the verdict was excessive. The trial court denied the motion. D.C., 124 F.Supp. 958.

Appellant here earnestly argues that the district judge did not consider its point that the verdict as to damages was against the weight of the evidence. It is true that the trial court did not specifically state in its opinion that the jury determination fixing the accident of January 17, 1952 as the proximate cause of the shoulder injury was not against the weight of the evidence. However, the whole sense of the opinion is to that effect. In addition, on the argument of the motion the court and counsel went into the evidence on the question at considerable length.

The point concerning excessive damages is also carefully presented and we accept the governing principles of law cited. Trowbridge v. Abrasive Co. of Philadelphia, 3 Cir., 1951, 190 F.2d 825, 830. But in the light of the evidence as to plaintiff’s injuries, his pain and suffering, his disability and out-of-pocket expenses we cannot say that the verdict is so grossly excessive that it makes the denial of the motion for a new trial an abuse of discretion for which this court will remand the cause for a new trial.

The judgment of the district court will be affirmed.

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PER CURIAM.

In this personal injury Federal Employers’ Liability action arising out of an accident, liability for which was admitted, the court submitted an interrogatory to the jury asking “Is the present condition of the left shoulder of plaintiff, Joseph W. Burkey, the proximate result of the occurrence of January 17, 1952?” The jury answer was “Yes”.

On motion for a new trial the defense urged first, that the verdict in favor of the plaintiff and the special finding of the jury in response to the interrogatory were against the weight of the evidence and second, that the verdict was excessive. The trial court denied the motion. D.C., 124 F.Supp. 958.

Appellant here earnestly argues that the district judge did not consider its point that the verdict as to damages was against the weight of the evidence. It is true that the trial court did not specifically state in its opinion that the jury determination fixing the accident of January 17, 1952 as the proximate cause of the shoulder injury was not against the weight of the evidence. However, the whole sense of the opinion is to that effect. In addition, on the argument of the motion the court and counsel went into the evidence on the question at considerable length.

The point concerning excessive damages is also carefully presented and we accept the governing principles of law cited. Trowbridge v. Abrasive Co. of Philadelphia, 3 Cir., 1951, 190 F.2d 825, 830. But in the light of the evidence as to plaintiff’s injuries, his pain and suffering, his disability and out-of-pocket expenses we cannot say that the verdict is so grossly excessive that it makes the denial of the motion for a new trial an abuse of discretion for which this court will remand the cause for a new trial.

The judgment of the district court will be affirmed.

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Bluebook (online)

220 F.2d 743, 1955 U.S. App. LEXIS 3412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-w-burkey-v-montour-railroad-company-a-corporation-ca3-1955.

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