Ingalls v. Allen

Citations

• 144 Ill. 535
• 33 N.E. 203

Syllabus

<p>1. Appeals and writs of error—reviewing question of fact — amount of damages. The amount of damages to be assessed in a given case presents only a question of fact for the jury under proper instructions, and this court, on appeal from the Appellate Court, will refuse to review such a question.</p> <p>3. Same — and herein of a remittitur. And so, whether a remittitur of a part of the damages assessed by the jury covers the entire amount of excess in the verdict beyond what should have been returned, is a question of fact for the trial court, which this court is concluded by the judgment of the Appellate Court from considering.</p> <p>3. Special interrogatories—modification by the court. The modification of special interrogatories asked to be submitted to the jury, by the omission of certain queries relating only to evidentiary facts, is not error.</p> <p>4. Same —findings of the jury not responsive—remedy. If the findings of the jury are not responsive to the interrogatories submitted, the counsel complaining should object to the receiving of the verdict, and ask the court to direct the jury to find specifically in the respect wherein their finding is not sufficient.</p>