Opinion
Gen. No. 40,712. (Abstract of Decision.)
Opinion filed May 28, 1940 Rehearing denied and opinion modified June 13, 1940
DAMAGES, § 545 — personal injuries, sufficiency of evidence. In action for severe injuries sustained by taxicab passenger when the car struck the concrete foundation of an electric light post in rounding a corner, verdict for plaintiff for $40,000 and judgment upon remittitur of $10,000 was reduced by a further remittitur of $15,000, where voluminous evidence was conflicting, some doctors testifying to an injury to the sacroiliac joint, another finding hysteria or malingering, and there was evidence of multiple ailments about five years before the accident which involved infections which might have caused damage to the joint.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. DANIEL P. TRUDE, presiding.
Judgment reversed and judgment here for $15,000 in favor of plaintiff upon remittitur of $15,000 being filed in this court in thirty days by plaintiff; otherwise, judgment reversed and cause remanded to the circuit court with directions to retry cause on sole issue of the question of damages. Heard in second division, first district, this court at June term, 1939.
John A. Bloomingston and Benjamin Samuels, for appellant;
Ryan, Sinnott Miller, for appellee.
"Not to be published in full." Opinion filed May 28, 1940; rehearing denied and opinion modified June 13, 1940.