Pullman Palace Car Co. v. Bluhm

Citations

• 109 Ill. 20
• 1884 Ill. LEXIS 1403

Syllabus

<p>1. Appeal—reviewing questions of fact. In an action by a servant against his master to recover for an injury caused by the use of a defective derrick in raising lumber, the question as to what was the cause of the injury, or the combination of causes producing the result, is one of fact, which by law it is not the duty of this court to consider. So, also, is the question whether the damages are excessive.</p> <p>2. Evidence—as to the result of a personal injury, as, the breaking of an arm. In case, for an injury by the breaking of the plaintiff’s arm, there is no error in admitting proof that the bones at the fracture had failed to unite, and had formed what is called a “false joint,” as it is not a question of law for the court to determine whether this was the result of the breaking of the arm as a proximate cause, or the result of a new, independent factor. Such question can properly be tested only by hearing the evidence, and submitting the questions of fact to a jury, under appropriate instructions.</p> <p>3. Negligence—contributory negligence—duty of one receiving personal injury, as to care bestowed after the fact. A plaintiff can not hold the defendant responsible for an injury to himself caused even in part by his own fault in failing to use ordinary care or ordinary judgment, or for any injury not resulting from the fault of the defendant, but caused by some new intervening cause not incident to the injury caused by the defendant’s wrongful act or omission of duty.</p> <p>4. In a case where the plaintiff’s arm has been broken from the negligent conduct of the defendant, and the plaintiff exercises ordinary care to keep the parts together, and uses ordinary care in the selection of surgeons and doctors, and nurses, if needed, and employs those of ordinary skill and care in their profession, and still, by some unskillful or negligent act of such surgeon, doctor or nurses, the bones fail to unite, thereby making a false joint, the defendant, if responsible