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Montgomery v. Atchison

Appellate Court of Illinois
Feb 3, 1947
330 Ill. App. 334 (Ill. App. Ct. 1947)

Opinion

Gen. No. 43,783. (Abstract of Decision.)

Opinion filed February 3, 1947 Released for publication February 17, 1947

DAMAGES, § 368when Appellate Court will not grant defendant new trial under Federal Employers' Liability Act for alleged excessiveness of damages awarded. In action by railroad employee against railroad company, under Federal Employers' Liability Act, for personal injuries which testimony for plaintiff described as permanent, where no question as to defendant's liability was raised but defendant claimed that award of damages in sum of $37,183 was so excessive as to demand new trial, held that inasmuch as there was no conflict in medical testimony, except as to what was shown by X-ray photographs, Appellate Court could not substitute its judgment as to damages actually sustained for judgment of jury and trial court, who had advantage of hearing and seeing witnesses who testified.

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

Appeal from the Superior Court of Cook county; the Hon. FRANK M. PADDEN, Judge, presiding.

Judgment affirmed. Heard in the first division, first district, this court at the October term, 1946.

Emmett Trainor, T.J. Barnett and A.R. Peterson, for appellant;

Sol Andrews and Marion J. Hannigan, for appellee;

Charles T. Shanner, of counsel.


Not to be Published in full.Opinion filed February 3, 1947; released for publication February 17, 1947.


Summaries of

Montgomery v. Atchison

Appellate Court of Illinois
Feb 3, 1947
330 Ill. App. 334 (Ill. App. Ct. 1947)
Case details for

Montgomery v. Atchison

Case Details

Full title:Arnold L. Montgomery, Appellee, v. Atchison, Topeka and Santa Fe Railway…

Court:Appellate Court of Illinois

Date published: Feb 3, 1947

Citations

330 Ill. App. 334 (Ill. App. Ct. 1947)
71 N.E.2d 105