[Download] "Louisville & N. R. Co. v. Utz" by Court Of Appeals Of Kentucky " Book PDF Kindle ePub Free
eBook details
- Title: Louisville & N. R. Co. v. Utz
- Author : Court Of Appeals Of Kentucky
- Release Date : January 01, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Opinion OF THE COURT BY JUDGE HARRIS--Affirming. This action was instituted by the appellee, a railway mail clerk, to recover damages on account of injuries which he sustained on December 20, 1941, when two of appellant's trains, upon one of which he was working, collided near Loretto, Kentucky. The appellant conceded its negligence, and the sole question submitted was that of appellee's damages, which the jury fixed at $2530.67. Being dissatisfied with the verdict, the railway company appealed to this court on two grounds: (1) excessiveness of the verdict, and (2) improper comment by the trial court. We denied ground (1), although we did express the view that the amount of the award was liberal. With respect to ground (2), it was our view that the trial court's comment was sufficiently prejudicial to entitle the appellant to a new trial, which we granted. Upon the second trial, as upon the first, the sole issue was that of the amount of appellee's damages, and this time the jury fixed them at $2520.67, which is only $10 short of being the identical amount awarded him by the first jury. Being still dissatisfied, the railway company has prosecuted the present appeal.