From Casetext: Smarter Legal Research

Boettger v. Miller

Appellate Court of Illinois, First District
Jun 20, 1949
338 Ill. App. 206 (Ill. App. Ct. 1949)

Opinion

Gen. No. 44,614. (Abstract of Decision.)

Opinion filed June 20, 1949 Released for publication July 18, 1949

DAMAGES, § 370nonexcessiveness of award for permanent personal injuries. $50,000, while high, was not excessive for injuries sustained by plaintiff, a 51-year-old man with good health prior to accident and then earning over $4,000 per year as a toolmaker, where plaintiff had sustained a loss of $10,000 in earnings at time of judgment, and there was medical testimony that plaintiff's injuries were permanent, that he would not be able to return to any gainful occupation, and that he had suffered severe brain injury in addition to a basal skull fracture.

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

Appeal from the Circuit Court of Cook county; the Hon. PAUL A. JONES, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the October term, 1948;

Werner W. Schroeder, William S. Allen, Fred J. O'Connor, and Arthur J. Donovan, for appellant;

O'Brien, Hanrahan Keogh, for cross-appellees;

Richard E. Keogh and John D. Pope, of counsel;

Francis J. Gariepy, for appellee;

Charles E. Mallon and Andrew W. Bunta, of counsel.


Not to be published in full. Opinion filed June 20, 1949; released for publication July 18, 1949.


Summaries of

Boettger v. Miller

Appellate Court of Illinois, First District
Jun 20, 1949
338 Ill. App. 206 (Ill. App. Ct. 1949)
Case details for

Boettger v. Miller

Case Details

Full title:John Boettger, Appellee, v. Albert Miller, Trading as Miller Transfer…

Court:Appellate Court of Illinois, First District

Date published: Jun 20, 1949

Citations

338 Ill. App. 206 (Ill. App. Ct. 1949)
86 N.E.2d 897

Citing Cases

Blair v. Blair

In fact, defendant, in his written motion for a new trial, did not question that special finding of the jury…