Opinion
March 13, 1950.
Present — Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ.
In an action brought by plaintiffs, husband and wife, to recover for personal injuries, property damages and loss of services, defendant appeals from a judgment entered on a jury verdict which awarded to the plaintiff wife $5,000 damages against defendant. Judgment, insofar as appealed from, reversed on the facts and a new trial granted, with costs to appellant to abide the event, unless within ten days after the entry of the order hereon respondent Pauline A. Hendrickson stipulate that the verdict in her favor be reduced to $2,000, in which event the judgment, as so reduced, is unanimously affirmed, without costs. In our opinion the verdict of the jury was excessive in view of the evidence adduced as to respondent wife's injuries.