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KOS v. BALTIMORE & O. R. CO.

No. 5020.

28 F.2d 872 (1928)

KOS v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1928.

Attorney(s) appearing for the Case

Lewis D. Houck, of Cleveland, Ohio (Payer, Minshall, Karch & Kerr, of Cleveland, Ohio, on the brief), for plaintiff in error.

J. P. Wood, of Cleveland, Ohio (W. T. Kinder and Tolles, Hogsett & Ginn, all of Cleveland, Ohio, on the brief), for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

PER CURIAM.

Michael Kos was injured by a train of the Baltimore & Ohio Railroad Company while employed in its yards at Lorain, Ohio. He sued the railroad company, and recovered a judgment for $500, which he seeks to reverse upon the ground that the damages awarded were grossly inadequate, and that the trial court abused its discretion in not granting a new trial on that ground.

The question of inadequacy of damages was one to be determined by the trial...

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