Consolidated Coal Co. v. Haenni

Citations

• 146 Ill. 614
• 35 N.E. 162

Syllabus

<p>1. Instbttotion—estoppel to urge that it is not based on any evidence. A party is not allowed to urge the objection that there is no evidence in support of a proposition contained in an instruction, when he asks for an instruction based on the same theory as to the evidence. A defendant has no right to complain of error in an instruction given for the plaintiff, where the like error appears in an instruction given at his own request.</p> <p>2. Same—to find from the evidence does not authorize the consideration of that which is excluded. Where a jury is required to find certain facts from the evidence, the instruction will be understood as referring to the evidence not ruled out by the court.</p> <p>3. Same—malting it the duty of the jury to assess plaintiff’s actual damages. In an. action in which exemplary damages are recoverable and are sought to be recovered, it is error to instruct the jury that it is their duty to assess the plaintiff’s damages; but not so in a case where compensatory damages, only, are recoverable.</p> <p>4. Same—former decisions. The doctrine in Chicago and Northwestern Ry. Co. v. Chisholm, 79 Ill. 584, and City of Peoria v. Simpson, 110 id. 294, holding it error to instruct the jury that it was their duty* to assess the plaintiff’s damages in case they should find the defendant guilty, is so modified as to limit its application to cases where, under the facts, the jury are justified in allowing exemplary damages.</p> <p>5. Master and servant—risks of service assumed by servant. Where a servant enters into a contract of hiring with the master, he assumes all the risks ordinarily incident to the employment, and will be presumed to have contracted with reference to such risks.</p> <p>6. But when a servant is ordered by the master to do work outside of his regular employment, and which is different in character from that embraced in 'his regular contract of hiring, and brings him into association with a different class of employes, he will no