Opinion
No. 31,574.
May 6, 1938.
Appeal and error — review — amount of verdict.
Where the appeal is based upon excessive damages, there will be an affirmance where it is admitted that the damages as reduced by the trial court are not excessive.
Action in the district court for Winona county to recover damages for injuries sustained by plaintiff in an auto collision. The case was tried before Karl Finkelnburg, Judge, and a jury. Plaintiff had a verdict of $1,800. Defendant's motion for a new trial was granted unless plaintiff should consent to a reduction of the verdict to $1,242, in which case the motion was denied. Plaintiff consented to the reduction, and defendant appealed from the order. Affirmed.
Sexton, Mordaunt, Kennedy Carroll and R.J. Tyrrell, for appellant.
Lamberton Lamberton, for respondent.
This case involves injuries resulting from the same accident involved in Hoge v. Teegarden, 202 Minn. 592, 279 N.W. 401, decided herewith. The only question is the question of damages, which counsel for the appellant stated upon the oral argument were not excessive as reduced by the trial court.
The order denying a new trial is affirmed.
MR. JUSTICE STONE, because of illness, took no part in the consideration or decision of this case.