Chicago, Rock Island & Pacific Railroad v. Payzant

Citations

• 87 Ill. 125

Syllabus

<p>1. Damages—when excessive. Where a young woman, in attempting to go upon a railway car, stepped into an opening in the railway platform, whereby she received an injury to her knee and leg, and it appeared that, at the trial, about three years after the accident, she had not fully recovered, but yet walked naturally and gracefully, and it was not probable the injury would be permanent, and she was not, in consequence of the injury, deprived of any business or calling by which to earn money, and it also appearing that her poor health, at the time of the injury, prevented as quick a recovery as otherwise might have been expected, and it not appearing that she had suffered any extreme pain, or the injury was serious, it was held, in an action against the railroad company, that $2500 damages was excessive, no vindictive damages being claimed.</p> <p>2. In actions to recover for personal injuries, where the damages to be recovered are merely compensatory, the extent of the injury received is an important question, as well as in what respect, the party is incapacitated from performing the ordinary duties of life, and what is the pecuniary loss, making due allowance for pain and suffering, and the amount paid for medical and surgical “attendance.</p>