Riley v. City of Chicago, 208 Ill. App. 260 (1917)

Nov. 30, 1917 · Illinois Appellate Court · Gen. No. 23,144
208 Ill. App. 260
Mark L. Riley, Appellant, v. City of Chicago, Appellee

Mark L. Riley, Appellant, v. City of Chicago, Appellee.

Gen. No. 23,144.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Charles H. Bowles, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed November 30, 1917.

Statement of the Case.

Action by Mark L. Riley, plaintiff, against the City of Chicago, defendant, to recover for personal injuries. From a verdict and judgment in his favor for $50, plaintiff appeals.

Morse Ives, for appellant.

Samuel A. Ettelson and Charles R. Francis, for appellee; Robert H. Farrell, of counsel.

Mr. Justice O’Connor

delivered the opinion of the court.

*261Abstract of the Decision.

1. New tut at., § 58 * —when granted because of inadequacy of verdict. Contrary to the common-law rule, under the modem rule a new trial may be awarded where the verdict is grossly inadequate for the same reasons as where the verdict is excessive.

2. Negligence, § 250*—when verdict is not against manifest weight of evidence. In an action to recover for personal injuries, evidence examined and held not to show that the verdict was manifestly against the weight thereof.