Opinion
Gen. No. 43,059. (Abstract of Decision.)
Opinion filed February 13, 1945 Released for publication March 5, 1945
APPEAL AND ERROR, § 1872 — remittitur not properly awarded. In action to recover damages for personal injuries caused by defendant's negligence, wherein plaintiff had verdict for $4,600, held that court abused its discretion in awarding remittitur, and was not warranted in holding that evidence was insufficient to sustain award of damages for loss of earnings for 26 weeks immediately preceding trial for which plaintiff had been ordered to remit $2,100, where plaintiff's testimony that he was unable to work as result of his injuries from date of accident to time of trial was neither contradicted nor impeached in any manner.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. MICHAEL FEINBERG, Judge, presiding. Order reversed and cause remanded with directions. Heard in the second division, first district, this court.
Thomas C. Hollywood and Lloyd T. Bailey, for appellant;
Barrett, Barrett, Costello Barrett, for appellee;
Marion J. Hannigan, of counsel.
Not to be published in full. Opinion filed February 13, 1945; released for publication March 5, 1945.