Peoria, Decatur & Evansville Railway Co. v. Booth, 11 Ill. App. 358 (1882)

Sept. 29, 1882 · Illinois Appellate Court
11 Ill. App. 358

The Peoria, Decatur & Evansville Railway Company v. B. B. Booth.

Motion for new trial — Causes suggested. — Where the motion for a new trial does not suggest as a cause therefor that the damages were excessive, such objection can not be urged on appeal.

Appeal from the Circuit Court of Jasper county; the Ron. Thomas S. Caset, Judge, presiding.

Opinion filed September 29, 1882.

Hr. John B. Cohes and Hr. J. P. Robinson, for appellant.

■ Hessrs. Pithian, Heap & Wheeler, for appellee.

Per Curiam.

The causes for a new trial were specified in tlie motion filed therefor in the court below. It was not suggested as a cause for new trial that the damages were excessive. This being so, this ground for a new trial can not be urged in this court. Emory v. Addis, 71 Ill. 274; Jones v. Jones, Idem, 562; R. R. Co. v. McMath, 91 Ill. 104.

The judgment is affirmed.

Casey, J., took no part in the decision of this case.