S. A. Freel Distributing Co., Inc. v. Lenox

In action of tort growing out of the negligent operation of an automobile, the defendant in error recovered a $2,000.00 judgment. The only question is whether the judgment is excessive.

The defendant was 28 years of age and employed as a grocery clerk. At the time of injury he was earning $15.00 per week but at time of trial, about two years later, was only earning $12.00 per week. He testified the decrease was due to his injury rendering him unable to discharge his duties as before.

Injury was evident by an enlargement in the lower breastbone and also by pain while the body was in motion. He…