Horowitz

Plaintiff appeals from a judgment of $1,000, entered upon a jury verdict in his favor in an action for damages for personal injuries and loss of use of his automobile. The action arose out of an intersection collision between the automobiles of the parties. Liability was admitted by defendant at the commencement of the trial. The main issue on appeal is the adequacy of the award.

To put the matter bluntly, the question before the jury for its determination was whether it believed appellant’s account of his subjective complaints of pain and suffering. It is apparent that the question was resolved adversely to him. The trial judge denied appellant’s motion for a new trial. His ruling on such a factual issue is entitled to great weight by an appellate court.

Appellant’s briefs on appeal ignore the well established rule that an appellate court should view the evidence in the light most favorable to the respondent and he has shown no reason why we should not follow such rule in this case.

The accident happened on Thursday, July 24, 1958, shortly before midnight. Appellant was taken to an emergency hospital. He stayed there for approximately two hours until his wife and a neighbor…