ROSENBERG, District Judge
The plaintiff has filed a motion to amend findings of fact and judgment, and a motion for new trial as to damages. In support of his motion, the plaintiff contends that this Court, sitting without a jury, awarded the plaintiff inadequate compensation based upon the evidence.
This action was filed against the defendant, Pittsburgh and Lake Erie Railroad Company, under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages for injuries sustained by the plaintiff in an accident caused by defendant's negligence.
During the trial of the case, the parties introduced evidence establishing that the plaintiff was employed by the railroad as an electrical welder engaged in the work of repairing railroad cars in the railroad's "Y" yards located at McKees Rocks, Pennsylvania; that the injury occurred while the plaintiff was moving an electrical welding machine which plaintiff had been using; that the plaintiff moved the machine alone because he was unable to procure assistance from others, as he should have done; that the defendant maintained depressions in the work or maintenance way which were not readily visible by the plaintiff; that such depressions resulted because of the failure of the defendant to properly maintain such ways; that the plaintiff was instructed not to move welding machines without aid of other employees or the tractor; that the defendant failed to have other employees or tractors available when the plaintiff needed them; that in order to avoid possible scolding, the plaintiff attempted to move the welding machine, nevertheless; that in the course of pushing the machine, one of the wheels moved into a depression causing a jerk which resulted in an injury to plaintiff's back and a hernia condition which did not appear until about three months after the accident; that despite such injury, plaintiff continued to work during the succeeding four months or until June 20, 1960, when he sought medical treatment for his injuries; that he remained away from work from June 20, 1960 until September 10, 1960, when he returned to his employment for a few days; that he was unable to continue employment because his own doctor would not give him an unqualified release; that he was subsequently hospitalized for two brief periods in November of 1961 for complications and aggravation related to his hernia condition; that as a result of his back injury he sustained a 35% loss in the use of his back and that he was unable to perform the heavy work of his former occupation; that he had not attempted any lighter work; that no evidence was presented during the trial to establish plaintiff's earning power beyond the age of 65; and that on the basis of his last employment, plaintiff's earnings were $5400.00 annually or $103.84 weekly.
This Court found for the plaintiff; however, it also found that the plaintiff had contributed to the negligence of the defendant to the extent of 50% of the negligence as incurred and that he should be allowed 50% of the verdict as found. This Court concluded that the plaintiff suffered damages in the amount of $14,739.56 and awarded plaintiff 50% of such damages, or $7,369.78.
Because no record has been transcribed in this case in order to make a determination upon the motion of the plaintiff, I must rely upon my own notes and memory in order to revive the facts as presented at the time of trial.