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FITZPATRICK v. ST. LOUIS-SAN FRANCISCO RAILWAY CO.

No. 46761.

327 S.W.2d 801 (1959)

William J. FITZPATRICK, Respondent, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied October 12, 1959.

Attorney(s) appearing for the Case

James L. Homire, W. W. Dalton, Laurance M. Hyde, Jr., St. Louis, for (defendant) appellant.

Hullverson, Richardson, Hullverson & Jeans, St. Louis, for (plaintiff) respondent.

Motion for Rehearing or for Transfer to Court en Banc Denied October 12, 1959.

STORCKMAN, Presiding Judge.

In this action, brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., the jury awarded plaintiff $60,000 damages for the loss of an eye. By remittitur the recovery was reduced to $45,000 from which judgment the defendant has appealed. This is the second appeal in the case. The previous opinion is reported in Mo.,

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