City of Joliet v. Conway

Citations

• 119 Ill. 489
• 10 N.E. 223

Syllabus

<p>1. Evidence—admissibility—general rule. The evidence in each particular case must relate to some issue presented by the pleadings, and tend to establish some fact or facts legally competent for the consideration of the jury.</p> <p>2. Measure of damages—personal injuries from negligence—defective sidewalks. Municipal corporations, in cases arising from a neglect of their officers to discharge the duty of maintaining sidewalks, streets, etc., in suitable repair, are liable for such damages as will compensate for the injuries-received in consequence of such neglect, by persons passing over the same, using ordinary care.</p> <p>3. In actions for personal injuries occasioned by the negligence of the-defendant, on the question of damages, it is not only proper, but important, for the plaintiff to show, by the evidence, his previous physical condition and ability to labor, or follow his usual avocation, as well as his condition since the injury, to enable the jury to properly find the pecuniary damage.</p> <p>4. In an action by a married woman against % city, for personal injuries •sustained by her through a defective sidewalk, the damages must be confined to such as she has herself sustained; and the fact that she had a family, or had the care of or maintained the same, will form no proper element in the ’ •assessment of her damages. She can not recover for damages resulting to her family.</p>