Zegan v. Central Railroad Co‪.‬

This is a suit for negligent injury under the Federal Employers Liability Act, 45 U.S.C.A. § 51 et seq. After a jury, answering special interrogatories, found the defendant negligent, assessed the plaintiffs damages at $70,000, and found half of this attributable to plaintiffs contributory negligence, the District Court entered a judgment for $35,000. Thereafter, on defendants motions under Rule 50(b), F.R.Civ.P. 28 U.S.C.A. for entry of judgment in accordance with its earlier motion for a directed verdict and, in the alternative, for a new trial, the court set aside the judgment and entered judgment for the defendant. It also ruled that the alternative motion for a new trial was well taken and should be granted in the event the judgment for defendant should be reversed on appeal. D.C.E.D.Pa.1958, 164 F.Supp. 347. This appeal followed.