Rockford, Rock Island & St. Louis R. R. v. Delaney

Citations

• 82 Ill. 198

Syllabus

<p>1. Measure oe damages—/»?' causing death by negligence. In a suit by ^le administrator of a boy nine years of age, against a railroad company, for negligently causing the death of the intestate, it is proper for the jury, in estimating the damages, if the next of kin is the father of the boy, to take into consideration the value of the services of deceased, from the time of his death until he would have attained the age of twenty-one years, deducting what it would be worth to feed and clothe him during that time.</p> <p>3. Negligence—relative degrees of, matter of comparison. In a suit by an administrator against a railroad company for causing the death of his intestate by negligence, the rule is, that the relative degrees of negligence of the defendant and intestate is matter of comparison, and that the plaintiff may recover although his intestate was guilty of contributory negligence, provided the negligence of the intestate was slight and that of the defendant gross, in comparison with each other; but if the intestate’s negligence was not slight, and that of the defendant was gross, in comparison with each other, there can be no recovery.</p> <p>3. Same—age of deceased to -be considered. In a suit against a railroad company for causing the death of a person, the age of the deceased should be taken into consideration in passing upon the question of contributory negligence, and if the deceased was a child, it should be held responsible for the exercise only of such measure of capacity and discretion as, from its age and experience, it may be found to possess.</p>