Chicago, Rock Island & Pacific Railroad v. McKittrick

Citations

• 78 Ill. 619

Syllabus

<p>1. Negligence—recovery can not he sustained if the evidence fails to show. In an action by the fireman of one railway company against another company, to recover for a personal injury caused by a collision, if there is no evidence of want of care or skill on the part of the defendant, and nothing wrong is shown on its part, but it appears that the injury was the result of reckless conduct of the engineer of the other company, the bad condition of its engine, and of running at a rate of speed prohibited by ordinance, a judgment against the defendant can not be sustained.</p> <p>2. Excessive damages. In a suit against a railway company to recover for a personal injury, where the negligence of the defendant, if any, was very slight, and the plaintiff had no bones broken, and was not disabled from working for more than nine months, and the injury did not appear to be permanent, it was held, that §5000 damages were excessive.</p>