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McKINNEY v. PITTSBURGH & L. E. R. CO.

57 F.Supp. 813 (1944)

McKINNEY v. PITTSBURGH & L. E. R. CO.

District Court, S. D. New York.

January 31, 1944.

Attorney(s) appearing for the Case

Gerald F. Finley, of New York City, and William H. DeParcq and Robert J. McDonald, both of Minneapolis, Minn. (Arnold B. Elkind, of New York City, of counsel, on the brief), for plaintiff.

Frederick L. Wheeler, of New York City (C. Austin White, of New York City, of counsel), for defendant.

GODDARD, District Judge.

In this action, brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., the jury returned a verdict of $130,000 for plaintiff, and the defendant has moved to set aside the verdict as excessive. The plaintiff was 43 years of age, had earnings of $2,805.44 for the year of the accident, and suffered the loss of both feet, midway between ankle and knee, and other injuries.

It is my considered opinion that the...

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