Opinion
Gen. No. 43,138. (Abstract of Decision.)
Opinion filed January 8, 1945 Rehearing denied January 29, 1945 Released for publication January 29, 1945
DAMAGES, § 414 — when damages for leg fracture are not excessive. Where plaintiff, who was unemployed cook, aged 51, and unmarried, and whose earnings had been moderate, sustained fracture of left tibia while boarding street car of defendant, held that verdict in plaintiff's favor for $10,000 was not so excessive as to indicate passion or prejudice on part of jury, although at time of accident plaintiff was receiving unemployment compensation in amount of $18 per week and was on his way to secure employment, as his left limb was permanently injured resulting in limp, his medical and hospital bills amounted to $1,000, and injury was painful, confining plaintiff to bed for one week and to hospital for about four months, and required him to use crutches for four months after leaving hospital.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. WILLIAM S. BODMAN, Judge, presiding. Affirmed.
Heard in the first division, first district, this court at the October term, 1944.
Frank L. Kriete, Charles C. Cunningham and Arthur J. Donovan, for appellants;
Wm. J. Flaherty, of counsel;
Kamin, Gleason Kamin, for appellee.
Not to be published in full. Opinion filed January 8, 1945; rehearing denied January 29, 1945; released for publication January 29, 1945.