Haizen v. Yellow Cab Co.

ENGLISH, J,

dissenting:

I must dissent for a number of reasons.

This court’s opinion reverses the trial court’s judgment (and the jury’s verdict) as to damages, because the majority have become convinced — presumably by the manifest weight of the evidence — that the damages awarded were inadequate. For this court thus to have considered and weighed the evidence, a proper record of the testimony must first have been presented. This was not done.

Rule 1 of this court (the same, in substance, as Rule 36 of the Supreme Court) provides for preserving evidence questions by the filing of a report of…