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146 F.2d 266

Docket No. 9806.

Kurn v. Jarrett

Sixth Circuit Court of Appeals

Decided Dec. 15, 1944.

Sixth Circuit Court of Appeals · decided 1944-12-15

Cited by 2 later decisions — most recently November 1993

1 district ·

2 counsel of record

Applies 45 U.S.C. § 51 (Federal Employers' Liability Act)

Relies on Tennant v. Peoria & Pekin Union Railway Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1944-12-15

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¶1Canada, Russell & Turner, of Memphis, Tenn., for appellant.

¶2R. G. Draper, of Memphis, Tenn., for appellee.

¶3Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

¶4PER CURIAM.

¶5This appeal from a judgment entered in the United States District Court for the Western District of Tennessee, on the verdict of a jury awarding appellee thirty thousand dollars damages’ in an action brought under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages for the death of appellee’s decedent, Lawrence Jarrett, came on to be heard upon the record and the oral arguments and briefs of attorneys.

¶6And it appearing that there is substantial evidence from which the jury could reasonably infer that the death of appellee’s decedent was proximately caused by the negligence of the appellant and the breach of legal duty owed him by the appellant [see Tennant, Adm’r v. Peoria & Pekin Union Ry. Co., 321 U.S. 29, 35, 64 S.Ct. 409] ; , that no reversible error was committed by the trial judge; and that, in view of the earning capacity and life expectancy of appellee’s decedent and the conscious pain which he endured from the time of his injury until his death, the verdict is not so excessive as to require reversal, the judgment is accordingly affirmed.

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