KATILA v. BALTIMORE & O. R. CO.

No. 7825.

104 F.2d 842 (1939)

KATILA v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Sixth Circuit.

June 28, 1939.


Attorney(s) appearing for the Case

Marvin Harrison, of Cleveland, Ohio (Harrison & Marshman, of Cleveland, Ohio, on the brief), for appellant.

Sidney D. L. Jackson, Jr., and Dwight B. Buss, both of Cleveland, Ohio (Baker, Hostetler, Sidlo & Patterson, of Cleveland, Ohio, on the brief), for appellee.

Before SIMONS, HAMILTON, and ARANT, Circuit Judges.


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...

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