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ABERNATHY v. ST. LOUIS-SAN FRANCISCO RY. CO.

No. 42220.

237 S.W.2d 161 (1951)

ABERNATHY v. ST. LOUIS-SAN FRANCISCO RY. CO.

Supreme Court of Missouri, Division 2.

March 12, 1951.

Attorney(s) appearing for the Case

E. G. Nahler, J. L. Homire, C. H. Skinker, Jr., and W. W. Dalton, all of St. Louis, for appellant.

Mark D. Eagleton, Wm. H. Allen, St. Louis, for respondent.

WESTHUES, Commissioner.

Plaintiff Abernathy was a locomotive fireman in the employ of the defendant railroad at Birmingham, Alabama. On March 20, 1948, while on duty he fell off a running board of an engine. He filed suit in the City of St. Louis, Missouri, and a trial resulted in a verdict in his favor in the sum of $85,000. The trial court overruled the railroad's motion for a new trial on condition that plaintiff enter a remittitur in the sum of $40,000. Plaintiff...

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