Opinion
Gen. No. 42,973. (Abstract of Decision.)
Opinion filed June 15, 1945 Released for publication June 27, 1945
APPEAL AND ERROR, § 1706 — effect of successive verdicts alike. Where tenant recovered judgment against landlord for injuries sustained in fall down stairway, which was reversed on ground that verdict was contrary to manifest weight of evidence, and upon retrial plaintiff again had verdict, for a much larger amount, upon substantially same evidence as in first trial except for omission of certain impeaching evidence by defendants, held that judgment entered for defendant notwithstanding verdict was unwarranted and cause would be reversed for entry of judgment on verdict upon condition of remittitur of amount in excess of that awarded at first trial, rule being that where there have been two or more verdicts for same party, Appellate Court should not disturb verdict on evidentiary grounds if there is any evidence to sustain it, since such would be infringement of functions of jury.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. VICTOR H. HEMPHILL, Judge, presiding.
Upon consent to a remittitur of $7,200 within ten days judgment notwithstanding the verdict reversed and the cause remanded with directions to enter judgment for the reduced amount; otherwise, judgment to be reversed and cause remanded for a new trial. Heard in the second division, first district, this court at the April term, 1944.
Ryan, Sinnott Miller, Louis G. Davidson and Sam Pink, for appellant;
Samuel Levin, for appellees.
Not to be published in full. Opinion filed June 15, 1945; released for publication June 27, 1945.