Morse

Defendant Southern Pacific Transportation Company appeals from an order of the superior court granting plaintiff Richard Morse a new trial in an action for damages for personal injury under the Federal Employers’ Liability Act ( 45 U.S.C.A. § 51 et seq., hereinafter “FELA”). The court granted plaintiff’s motion for new trial on the ground of error of law in admitting evidence not admissible under the rule of Eichel v. New York Central R. Co. (1963) 375 U.S. 253 [ 11 L.Ed.2d 307 , 84 S.Ct. 316 ]. The evidence, admitted at trial over plaintiff’s objection, was of plaintiff’s retirement for disability and receipt of disability pension payments under the Railroad Retirement Act. (45 U.S.C. § 228b(a)4.)

Plaintiff, a 49-year-old electrician who had been employed by the defendant for almost 20 years, was injured at work on June 4, 1972, when he slipped on some oil and fell on his back. He lost consciousness and suffered a disc injury resulting in two hospitalizations. He was given physical therapy and traction. Subsequently, in July 1973, he required back surgery. In his complaint, filed January 12, 1973, plaintiff alleged the injury was due to defendant’s negligence and…