West Chicago Street Railroad v. Bode

Appellate Court of Illinois

West Chicago Street Railroad v. Bode

51 Ill. App. 440, 1893 Ill. App. LEXIS 615

DecidedFebruary 4, 1894

StatusPublished

This text of 51 Ill. App. 440 (West Chicago Street Railroad v. Bode) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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West Chicago Street Railroad v. Bode, 51 Ill. App. 440, 1893 Ill. App. LEXIS 615 (Ill. Ct. App. 1894).

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Opinion

Mb. Justice G-ary

delivered the opinion of the Court.

The appellee was a passenger on a car of the appellant on the 20th day of May, 1891, and was then injured by an accident, liability for which is not contested by the appellant.

A physician, witness for the appellee, testified that the appellee was in good health, a little deaf in the left ear, before the accident, and is an invalid since, will grow worse, and is incapable of performing manual or mental labor in the future; and that at the time of the trial, May 11,1893, the witness believed the appellant to be something over sixty years old. There was no other evidence as to the age or health of the appellee. Before he was hurt he worked at a lathe for manufacturing jewelry and received either fifteen or sixteen per week.

The verdict and judgment are for $12,500. The only question in the case is whether the amount is excessive. We do not feel justified so to decide. Chicago City Ry. v. Wilcox, 33 Ill. App. 450; Chicago v. Leseth, 43 Ill. App. 480. Affirmed.

Mb. Justice Waterman dissents.

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Mb. Justice G-ary

delivered the opinion of the Court.

The appellee was a passenger on a car of the appellant on the 20th day of May, 1891, and was then injured by an accident, liability for which is not contested by the appellant.

A physician, witness for the appellee, testified that the appellee was in good health, a little deaf in the left ear, before the accident, and is an invalid since, will grow worse, and is incapable of performing manual or mental labor in the future; and that at the time of the trial, May 11,1893, the witness believed the appellant to be something over sixty years old. There was no other evidence as to the age or health of the appellee. Before he was hurt he worked at a lathe for manufacturing jewelry and received either fifteen or sixteen per week.

The verdict and judgment are for $12,500. The only question in the case is whether the amount is excessive. We do not feel justified so to decide. Chicago City Ry. v. Wilcox, 33 Ill. App. 450; Chicago v. Leseth, 43 Ill. App. 480. Affirmed.

Mb. Justice Waterman dissents.

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51 Ill. App. 440, 1893 Ill. App. LEXIS 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-chicago-street-railroad-v-bode-illappct-1894.

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