Morgan

In this action, brought under the sanction of the Federal Employers’ Liability Act, the jury awarded plaintiff damages in the sum of $1,200.

After submission of plaintiff’s motion for new trial the court, on October 3, 1957, entered a minute order in these words: “Defendant Southern Pacific Co. having agreed to pay the additional sum of $800 plus the verdict of $1200, the Motion for New Trial is denied. ’ ’ On October 7, the following minute order was made: “. . . the order of Court denying motion for new trial on condition defendant Southern Pacific Company pay . . . plaintiff the sum of $2000 is amended nunc pro tunc as of October 3rd, 1957, to add the following: that in addition to pay the sum of $2000, defendant Southern Pacific Company is taxed with costs.” On October 10, the order of October 3 was “amended to add to the judgment previously entered in the total sum of $2000 this phrase: ‘that Defendant Southern Pacific can be further taxed for costs. ’ ” *

Plaintiff has appealed from the judgment and claims that the trial court erroneously sought without plaintiff’s consent to impose additur as a condition for denying plaintiff’s motion for a new trial.

We might…