City of Chicago v. Scholten

Citations

• 75 Ill. 468

Syllabus

<p>1. Instruction—slight evidence mil sustain an instruction. Where there is any evidence, however slight, it will be sufficient to sustain an instruction based upon the hypothetical case it tends to prove.</p> <p>2. Death — in action for damages for wrongfully causing, proof of actual services not necessary where next of kin is a parent, and, the deceased a minor. In an action by the personal representative to recover damages growing out of the death of his intestate, a minor child, through negligence, etc., it is not indispensable there should be proof of actual services of pecuniary value rendered to the next of kin, nor that any witness should express an opinion as to the value of such services, before a recovery can be had.</p> <p>8. Same — extent of damages. Where the next of kin are collateral kindred of the deceased, and have not received pecuniary aid from him, proof of such relationship will warrant a recovery of nominal damages only, but where the deceased is a minor, and leaves a father entitled to his services, the law presumes there has been a pecuniary loss, for which compensation under the statute may be given.</p> <p>4. Same — damages confined to pecuniary loss. As no other damages are recoverable, under the statute, than for the pecuniary injury sustained by the next of kin, an instruction, from which the j ury may infer that they may give damages for bereavement, and by way of solace for the affliction suffered, is too broad, and should be qualified.</p> <p>5. Same —jury may act on their own knowledge and experience in ascertaining pecuniary loss. In suits to recover damages for wrongfully causing the death of another, under the statute, the pecuniary loss may be estimated from the facts proven, in connection with the knowledge and experience possessed by all persons in relation to matters of common observation. Such damages may be enhanced where the deceased is a minor, leaving a parent as next of kin, by proof of the personal characteristics, qu