The opinion of the court was delivered by: GOURLEY
This is an action under the Safety Appliance Act and/or Federal Employers' Liability Act to recover damages for injuries sustained while plaintiff was employed as a brakeman for the Conemaugh & Black Lick Railroad Company. 45 U.S.C.A. 51 et seq., 11, 53.
Upon jury trial, a verdict was returned in favor of plaintiff in the amount of $ 75,000.60.
In answer to specific interrogatories, the jury found the total amount of damages to be $ 83,334 but attributed 10 per cent of the negligence which was a proximate cause of the accident to the plaintiff.
The matters before the court are two-fold:
(1) Plaintiff's motion to reform the verdict in conformity with findings of the jury.
(2) Defendant's motion for new trial.
For purpose of brevity, the following abbreviations will be employed:
Conemaugh Black Lick Railroad -- 'Railroad'
Bethlehem Steel Company -- 'Industry'
Plaintiff's Motion to Reform the Verdict.
The evidence developed that plaintiff was assigned with a crew of defendant Railroad to place and remove ladle cars in Industry's furnace yards.
Defendant Railroad was required by Industry to place empty ladles under a furnace and, when filled with slag, to remove the same and transport them for a short distance over Industry owned tracks and then over the defendant's main line for four or five miles to a dumping area.