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HOWARD v. CHESAPEAKE AND OHIO RY. CO.

No. 85-6106.

812 F.2d 282 (1987)

Burns Scott HOWARD, Plaintiff-Appellant, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 17, 1987.

Attorney(s) appearing for the Case

Frank H. Warnock, Warnock and Warnock, Greenup, Ky., Ralph E. Koenig (argued), Minneapolis, Minn., Michael L. Weiner, for plaintiff-appellant.

Paul Hobbs (argued), Ashland, Ky., for defendant-appellee.

Before NELSON and RYAN, Circuit Judges, and ENSLEN, District Judge.

DAVID A. NELSON, Circuit Judge.

Dissatisfied with a $100,000 jury verdict he recovered in a Federal Employers' Liability Act action against the defendant railroad, plaintiff Burns Scott Howard has appealed the judgment entered on that verdict. Although the trial court declined to give a jury instruction requested by the defendant railroad to the effect that future earnings ought to be discounted to their present value, should the jury decide to award damages for loss...

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