Lieberthal v. Glens Falls Indemnity Co.

KERNER, Circuit Judge.

Defendant appeals from a judgment entered upon a jury verdict for damages incurred by plaintiff through the negligence of a taxicab driver. The jury found the *640driver guilty of negligence, and awarded plaintiff $323.50 for medical and hospital expenses, $1,200 for pain and suffering, and $2,500 for loss of earnings, or a total of $4,023.50. No question is raised on the issue of the driver’s negligence.

Plaintiff, a resident of Ironwood, Michigan, engaged in the real estate and insurance business, on the evening of June 5, 1944, boarded a taxicab in Waukesha, Wisconsin. As…