Chicago & Alton Railroad v. Murray

Citations

• 71 Ill. 601

Syllabus

<p>1. Pbactice—where there is a general verdict and several special findings. Under tlie act of 1872, in regard to practice, where there is a general verdict and several special findings by the jury, the general verdict should not be set aside because some of the special findings are inconsistent with it, but the court should examine and construe the special finding of the juiy as a whole, and if, when thus considered, it is not inconsistent with, the general verdict, judgment should be rendered on the general verdict.</p> <p>2. Negligence—the same degree of ca/t;e not required of a child as of a person of mature age. The rule of law in regard to the negligence of an adult, and the rule in regard to that of an infant of tender years, are quite different. The adult must give that care and attention for his own protection that is ordinarily exercised by persons of discretion and intelligence, and if he fails to do so, and is injured, his injury is the result of his own folly, and can not be visited upon another. Of the infant of tender years, less discretion is required, and the degree depends upon his age and knowledge. The caution required is according to the maturity and capacity of the child, and this is to be determined in each case by the circumstances of the case.</p> <p>3. Damages—whether excessive. Where the plaintiff, a girl of seven years of age, was run over by a railroad car, and had one leg cut off and her right hand so crushed as to cause the amputation of two fingers, besides being otherwise injured, a verdict for §8100 was held to be not unreasonable.</p>