Warf v. Pennsylvania R. Co., Civil Action No. 6117.
| Decision Date | 12 April 1946 |
| Docket Number | Civil Action No. 6117. |
| Citation | 65 F. Supp. 631 |
| Parties | WARF v. PENNSYLVANIA R. CO. |
| Court | U.S. District Court — Eastern District of New York |
Tyson & Tyson, of New York City (T. Kenneth Tyson and William Paul Allen, both of New York City, of counsel), for plaintiff.
Burlingham, Veeder, Clark & Hupper of New York City (G. Hunter Merritt, of New York City, of counsel), for defendant.
The jury rendered a verdict in favor of the plaintiff in the sum of $34,500. Upon rendition of the verdict, the defendant made a motion to set it aside upon various grounds, which was denied in all respects except that the Court reserved decision on the question of whether the verdict was excessive.
The plaintiff at the time of the accident was 39 years of age. He had been employed by the defendant as a brakeman for two years and was earning approximately $4900 per year. He was thrown from the top of a railroad freight car on June 3, 1945.
The jury could and undoubtedly did conclude that the plaintiff suffered severe injuries. There was a laceration of the left leg and thigh 7½ inches long, curved, varying in width from ¼ of an inch to an inch, with a row of stitch marks down each side of it which extended from the popliteal space — this is the space back of the knee between the two hamstrings extending up the inner side and up on to the inner side of the thigh. Motion of the left knee is limited in two ways. There is a limitation of motion in extending the injured knee and a fifty percent limitation of motion on flexion thereof, and there is an enlargement around the knee joint. The circumference of the left knee is 16¼ inches and of the right knee is 15¾ inches. Plaintiff's calves at the thickest portions measure, left, 14 5/8 inches, right, 14¼ inches. The plaintiff had previously suffered a back injury but suffered no ill effects during the two years in which he was employed as brakeman, in which employment he required extensive and unhampered ability to use his body and legs. Plaintiff is lame and walks with the assistance of a cane. There is calcification or lime deposit in the capsule of the knee joint. This calcification means a deposit of lime salts or bone-like material into tissue that is normally soft. This calcification accounts for the amount of inflammatory process due to the aggravation of the old injury to his back. Plaintiff has worn and is wearing a belt which has an immobilizing device. When the plaintiff moves there is a spasm in the muscle of...
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