Hayward v. Merrill

Citations

• 94 Ill. 349

Syllabus

<p>1. Appeal from Appellate Court—whether the finding upon the facts shall he reviewed. In an action on the case to recover damages for an injury resulting from the alleged negligence of the defendant, the question of contributory and comparative negligence arose upon the evidence, and a judgment in favor of the plaintiff in the trial court, was affirmed on appeal to the Appellate Court, and it was held, on appeal from the Appellate Court to this court, that the affirmance by the Appellate Court of the judgment of the trial court amounted to a finding of the facts upon the question of negligence in favor of the plaintiff, and, so far as that question was a question of fact, such finding was conclusive upon this court.</p> <p>2. Same—as to excessive damages. In such case, however, this court did inquire and determine whether the damages assessed by the jury were excessive.</p> <p>3. Excessive damages—:for personal injuries from negligence of another. A guest at a hotel, while proceeding to his room, by mistake opened a door near the door of his own room, which led into an “elevator” opening, and in attempting to step into what he supposed was his room, he fell into the “ elevator ” opening, down to the basement of the building, receiving very severe and permanent injuries, which disabled him from pursuing his usual avocation. The accident was the result of negligence on the part of the hotel keeper in not having the opening properly guarded. A verdict in favor of the plaintiff for $2000 was considered not excessive.</p> <p>4. Instruction—omission to state the rule of comparative negligence. In an action to recover upon the alleged negligence of the defendant, the question of contributory and comparative negligence was presented on the proofs. In a series of instructions for the plaintiff, the first laid down the rule on that subject fully and accurately,—the second merely defined negligence, without reference to the rule as to comparative negligence. It was held, the