Donk Bros. Coal & Coke Co. v. Tetherington

This is the second appeal in this cause. The first trial resulted in a verdict and judgment for plaintiff for $1,500, from which the defendant appealed to this court, which, at the August term, 1906, reversed the judgment and remanded the cause. 128 Ill. App. 256. A second trial upon the same pleadings and issues of fact was had and the jury again found for the plaintiff, assessing damages at $3,000. On motion for new trial the court required a remittitur of $500, which was entered, a new trial was denied and judgment on the verdict for $2,500 was rendered. The defendant again appealed and…