Winward
Winward v. Caldwell
Opinion
Lead Opinion
Sturtevant, J.
The plaintiff was injured by being hit by an automobile. To recover damages for the injury sustained he commenced this action. The defendants answered and a trial was had before the court sitting with a jury. The jury returned a verdict in the sum of $20,000. The defendants made a motion for a new trial and on their objection to the amount the verdict was reduced to the sum of $10,000. Prom a judgment entered thereon the' defendants have appealed.
The first point made by them is that the verdict is still excessive. They cite several decisions. In reply the plaintiff also cites several decisions. As no two cases are alike in their facts other decisions are of little help. In support of the judgment we will take the evidence most favorable to the plaintiff and we will recite some of the testimony to be found in the record. At the time of the accident the plaintiff was a hale and hearty man of the age of sixty-four years. When he was struck by the automobile he so fell that he struck on his head and shoulders. In striking his head he did so with such violence that he was knocked unconscious and so remained until the next day. At the time of the trial he complained of headaches which…