Sandstedt v. Consumers Ice Co.

Full title: Dr. G. E. Sandstedt, Appellee, v. Consumers Ice Company, Appellant

Court: Appellate Court of Illinois

Date published: Jan 8, 1947

330 Ill. App. 249 (Ill. App. Ct. 1947)

70 N.E.2d 733

Opinion

Gen. No. 43,704. (Abstract of Decision.)

Opinion filed January 8, 1947 Released for publication January 28, 1947

DAMAGES, § 358^_ — when verdict in personal injury action was excessive. Verdict for $5,000 in action to recover damages for personal injuries sustained by plaintiff as result of falling over sidewalk doors covering basement sidewalk elevator, was grossly excessive where it appeared that plaintiff performed his usual duties as doctor on afternoon of mishap and every day thereafter, and did not receive treatment of any kind until six months after accident, and there was no testimony showing any causal connection between claimed condition then arising and fall on sidewalk, and small out-of-pocket expenses were only expenses incurred by plaintiff as result of occurrence.

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

Appeal from the Superior Court of Cook county; the Hon. RUDOLPH F. DESORT, Judge, presiding.

Judgment affirmed upon remittitur of $2,000 within 10 days; otherwise, judgment reversed and cause remanded for a new trial. Heard in the third division, first district, this court at the April term, 1946.

Wilson McIlvaine, for appellant;

F. Dammann and Sidney K. Jackson, of counsel;

Leo M. Tarpey and Wm. A. Fullenkamp, for appellee.

Opinion by JUSTICE BURKE.

Not to be published in full. Opinion filed January 8, 1947; released for publication January 28, 1947.