Chicago & Alton Railroad v. Becker

Citations

• 76 Ill. 25

Syllabus

<p>1. Pbesumftioit—in support of verdict, •not in opposition to record. Where a bill of exceptions purports to contain all the evidence, this court can not presume other testimony was given to support' the verdict. Such presumptions are indulged only when the bill of exceptions does not state that it contains all the evidence.</p> <p>2. Negligence—mustie proximate cause of injury. It is a principle of jurisprudence, under both the civil and common law, that, to entitle a party to recover for damages alleged to have been sustained in consequence of the negligence of another, there must not only be negligence in fact, but it must have been the proximate cause of the injury.</p> <p>3. Same—contributory. Based upon the leading and governing principle that the defendant’s negligence must be the proximate cause of the injury, is the common law rule, that, although there was negligence on the part of the defendant, yet, if there was also intervening negligence on the part of the plaintiff, but for which latter the misfortune of the plain'tiff would not have happened; or, if the plaintiff, by the exercise of ordinary care and caution, could have avoided the consequences of the defendant’s negligence, and he fails to exercise that care and caution, he can not recover.</p> <p>4. Same—rule of contributory negligence subject to exceptions. This general rule, like most others, admits of exceptions and qualifications, as, for instance, where the party injured might, have avoided injury by the exercise of ordinary care and caution; but as a direct and immediate result of the defendant’s negligence, he is placed in a position of compulsion and sudden surprise, bereft of independent moral agency and opportunity of reflection, the law will not hold the injured party responsible for contributory negligence.</p> <p>5. Same—contributory negligence will not prevent liability in all cases. There must be a causal connection between the plaintiff’s negligence and the injury to relieve the d