St. Louis, Alton & Terre Haute R. R. v. Manly

Citations

• 58 Ill. 300

Syllabus

<p>1. Instructions—should be based on the evidence. As a general rule, instructions must be founded on the evidence, and although the instruction asked may state a correct principle of law, still, if it is based on a hypothetical state of facts not developed in the case, it ought to be refused. Such an instruction may tend to mislead the jury, and for that reason it would be error in the court to give it.</p> <p>2. In an action for personal injuries to the plaintiff, occasioned by the alleged negligence of the defendant, the court, at the instance of the plaintiff, instructed the jury that if the defendant was guilty of wilful misconduct in causing the injury, in fixing the amount of their verdict they were not confined to the actual damage sustained by the plaintiff. Upon appeal to this court, from a judgment against the defendant, the giving of such instruction was regarded as error, for the reason there was no evidence that the injury was the result of wantonness or wilfulness on the part of the defendant, and upon the plaintiff insisting that the defendant was not injured by the instruction, for the reason that the jury did not award vindictive damages, as the verdict did not appear to be excessive for the injury sustained, it was held, the attention of the jury being directed to the question of wilful neglect as an element of increased damages, the presumption arose that the instruction, coming from the court, had its due influence and made its impression on the minds of the jury, against the defendant.</p> <p>3. Jury—should find the facts—not the court. Instructions should not assume the existence of facts to be determined in the case, but leave them to be found by the jury, from the evidence.</p> <p>4. Negligence in railroads—of comparative and conti'ibutory negligence. While it is the imperative duty of railroad companies to use all reasonable and proper precautions at public road-crossings, and everywhere else, to prevent collisions and accidents, still a l