US SUPREME COURT DECISIONS

Petitioner was awarded a jury verdict of $305,000 in damages in an action for a severe foot injury which he brought under the Federal Employers' Liability Act. Having concluded that the relevant evidence weighed heavily in favor of the jury's award, the trial court denied respondent railroad's motion to set the award aside as excessive. On the railroad's appeal the Court of Appeals, in accordance with Darello v. Long Island R. Co., 289 F.2d 797, limited its inquiry to determining whether the trial judge abused his discretion in denying the railroad's motion. The court made no detailed appraisal of the evidence bearing on damages, but found an abuse of discretion and ordered the District Court to grant the railroad a new trial unless petitioner agreed to remit $105,000 of the award.

Held: This Court makes its own independent appraisal, and concludes that there was no abuse of the trial court's discretion in allowing the award to stand. Pp. 393 U. S. 159-162.

388 F.2d 480, reversed and remanded.