Royer v. Eskovitz

This case, heard by the circuit judge without a jury, resulted in judgment for plaintiff for personal injuries sustained in an automobile collision. Defendant appeals. He raises no question here as to his negligence, plaintiff’s contributory negligence, or excessiveness of the judgment. His claims of error are (1) that the judgment is against the clear preponderance of the evidence, (2) that recovery was permitted on a theory other than that advanced by plaintiff, and (3) that plaintiff did not prove the right to recover that portion of the judgment which represented damages occasioned by his…