Chicago, R. I. &. G. Ry. Co. v. Dickerson

On Appellee’s Motion for Rehearing.

On a reconsideration of the question presented in appellee’s motion for rehearing, we have concluded that, while we are of opinion that the verdict in this case is excessive as determined on original hearing, we erred in requiring, as a prerequisite to an affirmance of the judgment, a remittitur of $5,000. We deem it more just to fix the amount of the access at $3,500 instead of $5,000. It is accordingly ordered that our former opinion and judgment be reformed so as to conclude that the judgment of the trial court will be reversed because of the excessive verdict, unless appellee shall, within 20 days from this date, file a remittitur in this court in the sum of $3,500, in which event judgment below will be affirmed in appellee’s favor for the sum of $4,000, with the costs of appeal taxed against appellee.