McIntyre v. Sholty

Citations

• 121 Ill. 660
• 13 N.E. 239

Syllabus

<p>1. Insane person—liability for torts. Although, a lunatic or insane person is not punishable criminally, he is liable in a civil action for any tort he may commit.</p> <p>2. Same—evidence in an action for an injury by the tort of a hmatic. In an action by the personal representative of a person wrongfully killed, against the estate of the party killing, to recover compensation for the death, evidence of the insanity of the latter party at the time of his wrongful act causing the death, is inadmissible when offered in defence of the action.</p> <p>3. Same—measure of damages—in torts by a lumatie. A lunatic having no will of his own, and his acts lacking the element of intention, the only proper measure of damages in an action against him for a wrong, is the mere compensation of the party injured. Punishment is not the object of the law when persons unsound in mind are the wrongdoers.</p> <p>4. Practice—trial by court—proposition of law. If the defendant in an action on the case to recover for the death of plaintiff’s intestate, on a trial by the court without a jury, desires to save the question of the negligence of the deceased as a defence, he should submit to the court a proposition, to be held as law, embodying his theory of contributory negligence as applicable to the facts of the case, in accordance with section 41 of the Practice act. In the absence of such a proposition the question i^ill not properly arise in this court.</p>