Kepperly v. Ramsden

Citations

• 83 Ill. 354

Syllabus

<p>1. Excessive damages—personal injury from negligence. Where a lady fell into an excavation in the sidewalk, while passing in the night, the excavation being left unfenced, in violation of an ordinance, and the only injury claimed was a falling of the womb, and in the original declaration no such injury was alleged, nor was it proved on a former trial, and it was proved that, for years before, she suffered severely from local debility, it was held, that §2000 damages was excessive.</p> <p>2. 'N'E.GJjiaTSKcm—plaintiff suing for injury, must show due care on his pcvrt. Before any recovery can be had by a party receiving an injury by falling into an excavation in a sidewalk not properly protected, he must show that he had observed due care for his personal safety, and the burden of proving such fact is upon him.</p> <p>3. Same—excavation without permit. Where an ordinance of a city makes it unlawful for any one to dig any excavation in a street or sidewalk without written permission from a certain officer, and a failure to fence the same in a particular way subjects the offender to a fine, if, on digging such excavation, he observes every precaution to prevent injuries to persons passing, the mere omission to procure a permit will not subject him to an action for damages to a person who falls into the same through his own recklessness.</p> <p>4. Same—party not necessarily liable for violating ordinance. Where an ordinance is given in evidence making it unlawful for a party to make an excavation in a sidewalk without a permit, and for failing to fence the same at night, in a suit by a party falling into such an excavation made without a permit, the jury should he instructed that the offender is not, for that reason alone, responsible in damages, without regard to the negligence of the injured party.</p> <p>5. Same—when employer not liable for neglect of contractor. Where a contractor is in possession of that part of the premises upon which an excavation is to he made,