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Avrams v. Fuller

Appellate Court of Illinois, First District
Apr 19, 1945
325 Ill. App. 694 (Ill. App. Ct. 1945)

Summary

In Avrams v. Fuller, 325 Ill. App. 694, 60 N.E.2d 644, a verdict of $1500 was held to be inadequate where the proven out of pocket expenses were $1572.25.

Summary of this case from Stroyeck v. A.E. Staley Mfg. Co.

Opinion

Gen. No. 43,105. (Abstract of Decision.)

Opinion filed April 19, 1945 Rehearing denied May 1, 1945 Released for publication May 2, 1945

AUTOMOBILES AND MOTOR VEHICLES, § 166.3new trial granted where verdict is grossly inadequate. In suit in tort to recover damages for personal injuries sustained by plaintiffs switchboard operator and painter, where it appeared that defendant's automobile struck two young men and hurled their bodies across street, striking plaintiffs and injuring them, held that verdicts of $1,500 for switchboard operator and $100 for painter were so grossly inadequate as to be against manifest weight of evidence, and that court erred in denying plaintiffs' motion for new trial.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. JOHN T. CULBERTSON, JR., Judge, presiding.

Judgments reversed and cause remanded for retrial. Heard in the second division, first district, this court at the June term, 1944.

H.H. Patterson and Harry S. Posner, for appellants.

Edmund C. Maurer, of counsel; Rawlins Wright, for appellee; James F. Wright and F.W. Johnson, of counsel.


Not to be published in full. Opinion filed April 19, 1945; rehearing denied May 1, 1945; released for publication May 2, 1945.


Summaries of

Avrams v. Fuller

Appellate Court of Illinois, First District
Apr 19, 1945
325 Ill. App. 694 (Ill. App. Ct. 1945)

In Avrams v. Fuller, 325 Ill. App. 694, 60 N.E.2d 644, a verdict of $1500 was held to be inadequate where the proven out of pocket expenses were $1572.25.

Summary of this case from Stroyeck v. A.E. Staley Mfg. Co.
Case details for

Avrams v. Fuller

Case Details

Full title:Elinor Avrams and Ward Patton, Appellants, v. William H. Fuller, Appellee

Court:Appellate Court of Illinois, First District

Date published: Apr 19, 1945

Citations

325 Ill. App. 694 (Ill. App. Ct. 1945)
60 N.E.2d 644

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This is clearly the correct rule where the verdict of the jury is not clearly excessive. Novitsky v. Boland,…

Stroyeck v. A.E. Staley Mfg. Co.

(Emphasis supplied) In Avrams v. Fuller, 325 Ill. App. 694, 60 N.E.2d 644, a verdict of $1500 was held to be…