Krum v. Union Casualty Insurance 201 Ill. App. 436

Albert R. Krum, Appellee, v. Union Casualty Insurance Company, Appellant.

Gen. No. 21,231.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Hakry Olson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Reversed and remanded.

Opinion filed October 10, 1916.

Rehearing denied October 23, 1916.

Statement of the Case.

Action by Albert R. Krum, plaintiff, against the Union Casualty Insurance Company, a corporation, defendant, on a policy of insurance against damage to the plaintiff’s automobile. To review a judgment for plaintiff, defendant appeals.

John T. Byrnes, for appellant.

George D. Wellington and Francis X. Busch, for appellee.

*437Abstract of the Decision.

Damages, § 190*—when evidence insufficient to sustain verdict. In an action on an insurance policy for damages to an automobile where both parties conceded that the machine was capable of repair and the highest estimated cost of repairs was $1,500, and it was neither contended that it was not capable of complete repair nor was there any evidence of the difference of value of the machine before the collision and after repair, nor any damages claimed for loss of use or otherwise, held that a verdict for the plaintiff for $1,550 could not be sustained.