Ludwig v. Sager

Citations

• 84 Ill. 99

Syllabus

<p>1. Instructions—incases sounding exclusively in damages. Care should always be observed, in cases sounding exclusively in damages, that no instruction is given that would induce action not warranted by the law and the evidence, or that would produce a conclusion not in the interest of justice.</p> <p>2. Same—should, not he argumentative. Instructions should not be in the form of arguments addressed to the jury, but concise propositions of law, applicable to the facts of the case, as developed by the evidence.</p> <p>3. It is improper to instruct the jury that the court will not interfere with their discretion in the matter of finding exemplary damages, that being a matter with which the jury have nothing to do.</p> <p>4. Same—questions of fact are for the jury, and should not he stated as propositions of law in instructions. In a suit by a wife for injury to her means of support, on account of the sale of intoxicating liquors to her husband, it is improper to instruct the jury “ that the selling of intoxicating liquors to a person far gone in habits of intoxication, and who has become diseased, bodily and mentally, would be more aggravating than selling to one not so badly addicted to intemperance,” that being a question for the consideration of the jury, and not a matter which the court can define as a proposition of law.</p>