City of Argentine v. Bender

The opinion of the court was delivered by

Mason, J.:

Mrs. Elizabeth Bender sued the city of Argentine on account of injuries received from a fall caused by a defective sidewalk. Evidence was given that she was seventy years of age, and would never fully recover from the effects of her hurt, but would always be lame and would continue to suffer pain and inconvenience in moving about. The jury returned a general verdict for $7500, which was not itemized, no special findings being made. A motion was filed for a new trial upon’ the ground of excessive damages that appeared to have been given under…