City of Chicago v. Sheehan

Citations

• 113 Ill. 658
• 1885 Ill. LEXIS 740

Syllabus

<p>1. Negligence—contributory — negligence of third person—accident without negligence—capacity in which person injured was acting. In an action by the driver of a hose-cart, against a city, to recover for an injury received from a collision of his vehicle with a pile of Stone left in a street, an instruction was asked by the city directing the jury to find in its favor if the plaintiff, or the person riding with him, might, by ordinary care, have seen the obstruction and avoided the injury, which the court modified by striking out the name of such other person, and then gave it: Held, no error in the modification, as only the plaintiff’s case was involved.</p> <p>. 2. And in the same case, the. defendant asked the court to instruct the</p> <p>jury to find the defendant not guilty if the tipping over of the cart was the result of a mere accident, to which the court added the words, “and without negligence of the defendant-:” Held, no error in the modification, as without it the instruction was calculated to mislead.</p> <p>3. In such case, in passing upon the question whether the plaintiff was using due care at the time of the collision of his cart with a pile of stone left in the street, the jury may properly take into consideration the fact that the plaintiff was, at the time, in the discharge of his duties as a fireman.</p> <p>4. Measure of damages—for personal injury from negligence—allegations and proofs in that regard. In an action for damages for a personal injury caused by negligence, the jury, in assessing the plaintiff’s damages, may take into consideration any permanent injury the plaintiff may have sustained, without any allegation in the declaration of a permanent injury. It is enough if the declaration shows the injury was received, without describing it in all its seriousness.</p> <p>5. Instruction—construed, as to whether it assumes the existence of a fact. In an action by one against a city to recover for a personal injury, the court instructed the