Conant v. Griffin

Citations

• 48 Ill. 410

Syllabus

<p>1. Damages—death resulting from negligence. Under the act of 1853, giving a remedy, when the death of a person is caused by the wrongful act, default, or neglect of another, the damages can only be for the pecuniary loss, not for the bereavement.</p> <p>2. Former decisions. This doctrine is fully announced in the cases of the City of Chicago v. Major, 18 Ill. 349 ; Rock Island Railroad Co. v. Morris, 26 ib. 400, and the Chicago & Alton Railroad Co. v. Shannon, 43 ib. 338.</p> <p>3. Damages—in estimating measure of—for pecuniary loss—wealth of defendant immaterial. In such cases the wealth of a defendant can not be taken into consideration in arriving at the measure of compensation for the pecuniary loss suffered. The amount of the loss must he settled by proof.</p> <p>4. Same—verdict must not exceed the loss proved. The action, being a creature of the statute, must be governed by its provisions, and they provide only for compensatory damages, or approximate thereto, not for vindictive or exemplary damages. The verdict can not exceed the amount of the loss proved.</p> <p>5. Negligence—inactions for—under the statute of 1853—what facts must be averred and, proved. In actions under the statute, “for causing death by wrongful act, neglect, or default,” two material facts must be averred and proved, namely, the death, and the other fact, of there being a widow, or next of kin, surviving, the averment and proof of the death alone, being no ground of action.</p> <p>6. Pleading at law—of the plea of not guilty in actions for negligence under the statute of 1853—what fads are put in issue. In actions under this statute, the plea of not guilty, puts in issue the fact of there being a widow or next of kin, surviving, as well as the commission of the act complained of.</p> <p>I. Negligence—of proof of required by plaintiff. And in such case the plaintiff is required to prove the existence of a widow or next of kin, otherwise the action fails.</p> <p>8. Marriage—proof of—how