109 Neb. 746 | Neb. | 1923
Plaintiff recovered a judgment for $5,000 in this, an action for personal injuries. The particulars of the accident are set forth in the opinion in Penhansky v. Drake Realty Construction Co., ante, p. 120. At the time of the accident both Mrs. Penhansky and the plaintiff were knocked down by the negligent operation of an automobile truck driven by defendant’s employee. The complaints made of the rulings of the trial court, with the exception of one assignment of error, are ruled by the Penhansky opinion, and will not be again considered.
Considering the facts testified to on her behalf, we think the verdict is excessive, and that, while she is entitled to a full and adequate recovery of the damages suffered, we are of opinion that the sum of $3,500 is as large a verdict as the evidence will sustain for all damages proved. Judgment affirmed, if within 20 days plain tiff file in this court remittitur of $1,500 as of date thereof; otherwise reversed.
Affirmed on condition.