Illinois Central Railroad v. Simmons

Citations

• 38 Ill. 242

Syllabus

<p>1. Pleading—allegations in declaration. In the case of the Chicago B. & Q. R. R. Co. v. Hazzard, 26 Ill. 273, so far as the principle is declared that in cases where it is necessary that the plaintiff should show that he exercised proper care, it is necessary it should be so alleged in the declaration, is dictum merely.</p> <p>2. Same—what defects are cured after verdict. An omission or defect in pleading, in substance or in form, if from the issue joined, the facts omitted, or defectively stated, may fairly be presumed to have been proved, is cured by verdict.</p> <p>3. New trial—excessive damages. In an action on the case for negligence the jury are the sole judges of what the damages shall be, under the facts presented, and where no evidence of passion, or prejudice appears in the finding, courts seldom set aside the verdict.</p>