DAMAGES, § 368 — when Appellate Court will not grant defendant new trial under Federal Employers' Liability Act for alleged excessiveness of damages awarded. In action by railroad employee against railroad company, under Federal Employers' Liability Act, for personal injuries which testimony for plaintiff described as permanent, where no question as to defendant's liability was raised but defendant claimed that award of damages in sum of $37,183 was so excessive as to demand new trial, held that inasmuch as there was no conflict in medical testimony, except as to what was shown by X-ray photographs, Appellate Court could not substitute its judgment as to damages actually sustained for judgment of jury and trial court, who had advantage of hearing and seeing witnesses who testified.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE NIEMEYER.
Not to be Published in full.Opinion filed February 3, 1947; released for publication February 17, 1947.