Opinion
Gen. No. 9,907. (Abstract of Decision.)
Opinion filed December 28, 1943
APPEAL AND ERROR, § 1672 — when granting of new trial for inadequacy of damages for wrongful death will not be held erroneous. Power is vested in trial court to extent that its granting of new trial for inadequacy of damages, awarded by jury for wrongful death, will not be held erroneous unless it appears that court exercised power unreasonably; where it appears that court acted in matter with sound discretion, its ruling will not be disturbed on appeal.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of De Kalb county; the Hon. CHARLES D. PAGE, Judge, presiding.
Order affirmed. Heard in this court at the October term, 1943.
Latham Castle and Edward M. Lawler, for petitioners;
Myer H. Gladstone, Ward C. Swalwell and Gordon Moffett, for respondent.
Not to be published in full. Opinion filed December 28, 1943.