John Mileski, an Infant Over the Age of 14 Years, by His Parent and Natural Guardian, Edward Francis Mileski v. The Long Island Rail Road Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to prohibit the argument but stating the trial judge should “specifically caution the jury that the dollar figures advanced by counsel do 17 not constitute evidence but merely represent argument which the jury is free to disregard in its deliberations”
• $250,000 award for loss of eyesight with retention of eyeball not excessive, although an “all-time monetary high . . . and considerably in excess of other [recent] awards . . .for substantially the same injuries” (footnote omitted)
• failure to enforce the wearing of company-issued goggles held to be negligence under F.E.L.A.
• “... we cannot say that this award was so grossly excessive or shocking to the conscience that it would be a ‘denial of justice to let it stand,’ ” citing Dagnello, supra, and Grunenthal v. Long Island Railroad, 393 U.S. 156, 159, 89 S.Ct. 331, 333, 21 L.Ed.2d 309 (1968)
• collecting federal and state cases

Source: CourtListener parenthetical corpus (CC0).