Springer v. Yellow Cab Co.

Full title: Rebecca Springer, Appellant, v. Yellow Cab Company, Appellee

Court: Appellate Court of Illinois, First District

Date published: Apr 8, 1946

328 Ill. App. 354 (Ill. App. Ct. 1946)

65 N.E.2d 482

Opinion

Gen. No. 43,584. (Abstract of Decision.)

Opinion filed April 8, 1946 Rehearing denied April 22, 1946 Released for publication April 23, 1946

AUTOMOBILES AND MOTOR VEHICLES, § 166.3^_ — jury's disregard of court's instruction concerning damages as grounds for new trial. In action to recover damages for personal injuries resulting to plaintiff while riding in one of defendant's taxicabs, where court instructed jury that plaintiff would be entitled to have damages assessed for pain and suffering sustained as result of injury if defendant was found guilty, and it appeared that jury disregarded such instruction and rendered verdict only in amount of expenses actually incurred by plaintiff for medical and dental treatment, held that question of damages should be submitted to another jury.

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

Appeal from the Circuit Court of Cook county; the Hon. LEONARD C. REID, Judge, presiding.

Reversed and remanded with directions. Heard in the first division, first district, this court at the December term, 1945.

Irving G. Zazove, for appellant;

Miller, Gorham, Wescott Adams, for appellee;

Herbert C. DeYoung and Charles F. White, of counsel.

Opinion by PRESIDING JUSTICE MATCHETT.

Not to be published in full. Opinion filed April 8, 1946; rehearing denied April 22, 1946; released for publication April 23, 1946.