Walker v. Martin, 59 Ill. 348 (1871)

Sept. 1871 · Illinois Supreme Court

59 Ill. 348

Martin O. Walker v. Hugh Martin.

New trial-—verdict against tte evidence. In this caso the evidence was regarded as sufficient to sustain the verdict.

Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding.

Messrs. Jewett, Jackson & Small, for the appellant.

Mr. George W. Brandt, for the appellee.

Per Curiam:

This case has been already twice before this court, and the judgment was each time reversed on the ground of excessive damages; 43 Ill. 508; 52 ib. 347. On the first trial, the jury returned a verdict for $20,000, and on the second, for $25,000. On the last trial, there was a verdict for $6000; and to avoid a new trial, a remittitur for $1000 was entered, and the court gave judgment for $5000. The record is again brought here by the plaintiff; but the only ground upon which the former judgments were reversed, is now removed. The record presents simply issues of fact which have been passed upon by the. jury; and the evidence being very conflicting, there is no reason for setting aside the verdict.

Judgment affirmed.