HALL v. MINNESOTA TRANSFER RAILWAY COMPANY

No. 40-70 Civ. 24.

322 F.Supp. 92 (1971)

James HALL, Plaintiff, v. The MINNESOTA TRANSFER RAILWAY COMPANY, a corporation, Defendant.

United States District Court, D. Minnesota, Fourth Division.

February 1, 1971.


Attorney(s) appearing for the Case

Yaeger & Yaeger, by John B. McCarthy, Minneapolis, Minn., for plaintiff.

Newcome, Wallace & Newcome, by Thomas W. Newcome, St. Paul, Minn., for defendant.


NEVILLE, District Judge.

Defendant's post-trial motion to reduce plaintiff's $12,000 verdict in this Federal Employers' Liability Act case by an offset in the amount of $1,701.20 raises a question on which neither counsel have cited, nor has the court been able to find, any controlling authority. It involves the application of what has been called the "collateral source" rule. Defendant paid the $1,701.20, subject to reimbursement by an insurer, toward plaintiff's...

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