Chicago & Eastern Illinois Railroad v. Bivans

Citations

• 142 Ill. 401
• 32 N.E. 456

Syllabus

<p>1. Evidence — of the worth of services. On the trial of an action for a personal injury to the plaintiff, he was asked what his services were reasonably worth, in his estimation, per day, for the time he lost on account of such injury. He answered: “Well, I would say this: that for just my services alone, a dollar and a half a day. May be that is high, and may be it is notHeld, that the answer was but the expression of the opinion of the witness of the fair and reasonable pecuniary value of his services by the day during the time mentioned, and the-evidence was clearly competent.</p> <p>2. Appeals — reviewing the facts. In an action on the case to recover damages for a personal injury, the affirmance of a judgment for the plaintiff by the Appellate Court is conclusive evidence in this court on-all questions of fact. The decision of that court that the evidence sustained the verdict of the jury, and that the plaintiff used ordinary care, is final, and can not be reviewed by this court.</p> <p>3. Pbactice in the Sttpbeme Coubt — error will not always reverse. Where the evidence is atople that a railway train, at the time of inflicting a personal injury in a village, was running at a speed prohibited by ordinance, and that fact is not controverted, the testimony of two-witnesses that the train, before reaching the village, was running at a greater rate of speed than allowed by such ordinance, is not such errólas to call for a reversal, as it can work no prejudice to the company.</p>