Phillips v. Dickerson

Citations

• 85 Ill. 11

Syllabus

<p>1. Damages—when too remote. Damages, to be recoverable, must be the natural ancl reasonable result of the defendant’s act. If of such a consequenco as, in the ordinary course of things, would flow from the act, or, in cases of contract, if it appeal's to have been contemplated by both parties, they may he recovered, otherwise they are too remote. A party can not he held responsible for injuries which could not reasonably have been foreseen or expected as the result of his misconduct..</p> <p>2. Where a married woman sued to recover damages resulting from a fright which caused a miscarriage, and it appeared that the fright was caused by a quarrel between the defendant and the plaintiff’s husband and a boy, within her hearing, but out of her sight, but not that the defendant knew she heard the same, or her condition, it was held, on demurrer to the evidence, that no recovery could be had.</p> <p>3. Demurrer to evidence—what it admits. By demurring to evidence, tlie party admits its truth and all conclusions of fact which a jury might fairly draw from the same. He does not admit forced and violent conclusions, hut the testimony must be taken most strongly against him.</p> <p>4. Instruction—to find for defendant. Where the whole of the evidence for the plaintiff, if believed by the jury, is so insufficient to support a verdict in his favor, that the court would not permit one to stand, it is the duty of the court to instruct the jury, as matter of law, that there is not sufficient evidence to warrant a verdict for the plaintiff. Such an instruction, answering the purpose of demurrer to the evidence, must be tested by the same rules.</p>