Opinion
Gen. No. 43,483. (Abstract of Decision.)
Opinion filed April 24, 1946 Rehearing denied May 10, 1946 Released for publication May 10, 1946
AUTOMOBILES AND MOTOR VEHICLES, § 240 — when verdict was excessive. In action for damages as result of personal injuries sustained by plaintiff's ward when automobile making "U" turn was hit by defendants' street car and forced against parked automobile which was thrown over curb and inflicted injuries complained of, and it appeared that left leg of ward was fractured in several places and otherwise injured and that jury returned verdict for $75,000, of which $40,000 was remitted, held that verdict was so excessive that it could not be accounted for except on prejudice, passion or misconception of evidence and remittitur did not remove improper elements.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN F. BOLTON, Judge, presiding.
Judgment reversed and cause remanded. Heard in the third division, first district, this court at the October term, 1945.
Frank L. Kriete, James O. Dwight, Charles E. Green, and Arthur J. Donovan, for appellants;
William J. Flaherty and James O. Dwight, of counsel;
James A. Dooley, for appellee.
Not to be published in full. Opinion filed April 24, 1946; rehearing denied May 10, 1946; released for publication May 10, 1946