Chicago City Railway Co. v. Henry

Citations

• 62 Ill. 142

Syllabus

<p>1. Damages, excessive—personal injury. In an action on the case against a city railway company to recover damages for personal injury resulting from, being ejected and thrown from a street car by the servants of the company, it appeared that the plaintiff got up immediately after he was thrown upon the ground, pursued and overtook the car, and walked a considerable distance the same evening; went to work the next day, as usual, and, when examined some days afterward, there was found no abrasion, contusion, or external injury; and the whole evidence failed to show that he had received any serious and permanent injury; and it further appeared that at the time of the trial he had recovered to a considerable extent; and, even if the injury received was permanent, that it was not so serious as to disqualify him from business or earning a livelihood. The jury returned a verdict for $12,000 damages: Held, that the damages were so grossly and glaringly excessive that a new trial should have been granted.</p> <p>2. Evidence—pecuniary ability in aggravation of damages. On the trial of an action against a street railway company and the conductor to recover for personal injuries for the acts of the servants of the company, the court received evidence of the pecuniary ability of the company in aggravation of damages: Jield, that the admission of the evidence was improper, as the conductor was liable for the judgment, and the evidence as to him was highly prejudicial.</p>