North Chicago Rolling Mill Co. v. Morrissey

Citations

• 111 Ill. 646

Syllabus

<p>1. Negligence — contributory negligence — as an element to be considered. In an action by an administratrix to recover damages for negligence causing her husband’s death, where the question of contributory negligence on the part of the deceased is fairly raised, it is error in the court to ignore entirely that question in instructing the jury.</p> <p>2. In such a case, the court instructed the jury that if they believed, from the evidence, that plaintiff was administratrix of the estate of deceased, and that he left him surviving a widow and next of kin who had suffered pecuniary loss by his death, and that, under the instructions and evidence, the defendant is guilty as charged in the declaration, they should find for the plaintiff, etc.: Held, erroneous, in ignoring the question of contributory negligence, and omitting the requirement of any care or caution on the part of the deceased.</p> <p>3. Measure oe damages. — how to be determined. In the same case, the court instructed the jury on what grounds they might find for the plaintiff, and if they did so find, that then they might give such damages as they should deem a fair and just compensation for the pecuniary loss resulting from such death to the widow and next of kin, not exceeding $5000: Held, that the instruction was erroneous, in not requiring the jury to find the damages from the evidence.</p>