City of Chicago v. McLean

Citations

• 133 Ill. 148
• 8 L.R.A. 765

Syllabus

<p>1. Measure of damages—personal injury from negligence—mental suffering. Where suffering in body and mind is the result of injuries caused by negligence, it is proper, in an action to recover for such injuries, to take it into consideration in estimating the amount of damages, and it is not error to instruct the jury that they have a right to consider such suffering.</p> <p>2. Same—pleading and evidence—what damages recoverable under the pleadings—allegation of special damages. In an action against a city to recover for a personal injury caused by a defective sidewalk, the plaintiff was asked: “How has your mind been since that time (time of the injury)—your faculties?” and she answered, “Very poor—very different from what it was before.” It was objected that this was matter of special damage, and should have been specially pleaded. The declaration averred that the plaintiff “suffered great pain and agony:” Held, that there was no error in allowing the answer to the question, as agony is violent pain of body or mind. ’</p> <p>3. The plaintiff is always entitled to recover all damages which are the natural and proximate consequence of the acts complained of. Those damages which necessarily result from the injury are termed general, and may be shown under the general allegations of the declaration. Only those damages which are not the necessary result of the injury, and which are termed special, are required to be stated specially in the declaration. No allegation of special damages is necessary to the admission of evidence of mental suffering, which is inseparable from bodily injury.</p> <p>4. Negligence—as a question of fact. The question of negligence of a plaintiff contributing to his injury is one of fact, and not one of law. It is for the jury to determine, from the evidence, whether one or both of the parties may have been negligent in their conduct, and not for the court to take the question from them, and declare that if certain facts exist negligence is es