with due care, in the normal, natural, and usual manner.' Didinger v. Pennsylvania R. Co. (6 Cir.), 39 F.2d 798, 799.
'Proof of an actual break or visible defect in a coupling appliance is not a prerequisite to a finding that the statute has been violated. Where a jury finds that there is a violation, it will be sustained, if there is proof that the mechanism failed to work efficiently and properly even though it worked efficiently both before and after the occasion in question. The test in fact is the performance of the appliance. Philadelphia & R.R. Co. v. Auchenbach, 3 Cir., 16 F.2d 550. Efficient means adequate in performance; producing properly a desired effect. Inefficient means not producing or not capable of producing the desired effect; incapable; incompetent; inadequate. * * * "
I see nothing in the facts of this case which removes it from the reasoning in the Myers case.
Plaintiff assigns as a basis for moving for a new trial these five reasons:
1. The verdict is inadequate.
2. The learned trial judge erred in his charge to the jury as to the proper measure of damages relative to the plaintiff's alleged loss of future earnings and loss of wages.
3. The learned trial judge erred in the admission of evidence and refusal to admit evidence.
4. The defendant fraudulently represented to the Court and to the jury that it was and has been since February 5, 1952 willing to re-employ the plaintiff and fraudulently represented that he was physically able to return to work on that date and that its doctors were willing to so certify.
5. Your plaintiff has, since the trial of this cause, discovered new evidence, the nature of which is set forth in the attached affidavit, which is made a part hereof. It is evidence of such a nature as could not have been obtained at the former trial; and, going to the merits of the case, is such as will probably produce a different verdict if a new trial should be awarded.
As to the first assigned reason, that the verdict is inadequate, I do not agree. The jury had a right to believe the testimony of defendant's doctors to the effect that plaintiff could resume his duties as brakeman. The trial of the case occurred about ten months after the accident. It cannot be said that the amount of $ 4,500 was inadequate.
There is no merit to the other four reasons assigned, and plaintiff is, therefore, not entitled to a new trial.
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