Indianapolis, Bloomington & Western Ry. Co. v. Birney

Citations

• 71 Ill. 391

Syllabus

<p>1. Damages—must flow from and be the immediate result of the injury complained of. A party suing for au injury received can only recover such damages as flow from and are the immediate result thereof. Damages produced by other agencies than those causing the injury, or even by agencies remotely connected with those causing the injury, can not be awarded as proximate or proper compensation.</p> <p>3. Where speculation or conjecture has to be resorted to, for the purpose of determining whether the injury results from the wrongful act or from some other cause, damages can not be allowed for such injury.</p> <p>3. Where a railroad train wrongfully fails to stop to take on a passenger, he is entitled to recover nominal damages, and such actual damages as lie may sustain by reason of the delay, but he has no right to inflict injury on himself to enhance the damages.</p> <p>4. And where, in such a case, the passenger, instead of procuring a comfortable and safe conveyance to the place he desired to reach, or waiting a few hours for another train, went there on foot, unnecessarily, and thereby brought on sickness, he was not entitled to recover damages on account of such sickness.</p> <p>5. Ikstbtfctions. It is proper to refuse an instruction where there is no evidence in the case tending to prove the facts upon which it is predicated.</p>