Lindner
Lindner v. Barkley
Opinion
Lead Opinion
This is an action for damages on account of injuries received by the plaintiff in a collision between his automobile and that of the defendant. The defendant expressly admitted negligence and the only question left for the jury to determine was the amount of damages to be awarded the plaintiff. The jury returned a verdict in favor of the plaintiff for $2,000 and the defendant has appealed.
The first point made by the appellant is that the verdict is so grossly excessive as to require this court to set it aside.
The plaintiff was rendered unconscious for a time from his injuries; he was fifty-six years old at the time; his attending physician testified that the plaintiff’s physical condition before the accident was good; that in the accident he suffered a bruised condition of the nose and a tear in the skin thereof, although the bridge of the nose was not broken; that his upper lip was lacerated, requiring two stitches; that both eyes were blackened and swollen; that the conditions named lasted for 10 or 12 days; that plaintiff’s ninth rib on the right side was broken; that “it takes a broken rib about eight weeks to get over the pain”; that the plaintiff still suffers some pain…