Collins v. Waters

Citations

• 54 Ill. 485

Syllabus

<p>1. Evidence—declarations of a party to Ms attending physician. While the physician, who attended on the plaintiff in an action for assault and battery, after the injury, may testify to the statements of the plaintiff to him as to the part of his person which was hurt, his sufferings and symptoms, etc. yet to give in evidence the plaintiff’s declarations as to how and with what instrument the injury was produced, so as to affect the defendant with having inflicted it in that particular way, is improper.</p> <p>2. Instructions—should leave the issues of fact to he determined hy the jury. In an action for an assault and battery, in which was filed a plea of son assault demesne, an instruction was held to be erroneous, because it withdrew from the jury the consideration of the issue on that plea.</p> <p>3. In the same case, it was held improper to instruct the jury that the assault and battery were not justifiable, even though the plaintiff had previously spoken certain words. The act might have been justifiable, without reference to the fact whether the words were spoken, and whether it was or not should have been left to the jury.</p> <p>4. Same—assuming that punitive damages should, be given. An instruction is erroneous which assumes that the case is of such character that smart money may be given, in assessing the damages.</p>