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Grunenthal (P) worked for Long Island Railroad (D) and was injured when a 300-pound railroad tie fell and crushed his foot. P sued D under 45. U.S.C. section 51 and a jury awarded him $305,000. A motion to set aside the verdict as excessive was denied. The Appeals court granted remittitur to $105,000 or a new trial. The Supreme Court granted certiorari.

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