Chicago, Burlington & Quincy R. R. v. Lee

Citations

• 68 Ill. 576

Syllabus

<p>1. Bill of exceptions—imports verity. Where a cause is again tried after a reversal for the admission of improper testimony, and, by stipulation, the same evidence as on the first trial was to be used, saving all objections to its competency, and a part of the testimony decided to be improper appeared in the second record, it was suggested that such testimony was, in fact, excluded, but found its way into the record inadvertently : Reid, that the record imported verity, and, showing the admission of improper testimony, it was cause for reversal.</p> <p>2. Negligence—plaintiff can not recover for, if deceased was guilty of gross negligence. It is an essential element to the right of action for injuries occasioned by negligence of the defendant, that the plaintiff or party injured must, himself, have exercised ordinary care, such as a reasonably prudent person will always adopt for the security of his person or property. Where a party has been injured for the want of ordinary care on his part, which is gross negligence, the cases all hold that no action will lie, unless the injury is wilfully inflicted by the defendant.</p> <p>3. Same—no degrees of gross negligence. There are, and can be, no degrees of gross negligence in law, and therefore, it is error to so qualify an instruction as to leave the jury to understand that the plaintiff may recover notwithstanding his want of ordinary care, if the negligence of the defendant was greater than that of the plaintiff, or of the deceased where the suit is to recover damages for causing his death by negligence.</p> <p>4. Same—doctrine of comparative negligence. Formerly it was held that if the negligence of the plaintiff contributed to the injury, however slight, no recovery could be had, but it is now the settled law that the plaintiff may recover, notwithstanding he may have been guilty of contributory negligence, if his negligence is slight and that of the defendant is gross. If the plaintiff is alone guilty of negligen