Stafford v. Rubens

Citations

• 115 Ill. 196
• 3 N.E. 568

Syllabus

<p>1. Negligence—parents permitting child to be upon street—whether under proper protection—applicability of an instruction. In an action by the personal representative of a deceased child to recover damages for causing its death by negligently leaving water pipes in a public street in an unsafe condition, so that one of them rolled over the child and killed it, the defendant asked the court to instruct the jury that if they believed the parents of the child, or either of them, negligently and carelessly allowed a child of the age of three years and five months to go unprotected upon the public street, and without which negligence on their part the injury would not have happened, then they were guilty of such negligence as to defeat a recovery. The evidence showed the child was accompanied by a brother some four years older: Held, as applied to the facts, the instruction was properly refused.</p> <p>2. Same—measure of recovery, for causing the death of a child. In an action to recover damages arising from the death of a child of the age of three years and five months, caused by negligence of the defendant, the latter asked the court to instruct the jury that if they believed, from the evidence, that the father and mother of the child were not dependent on her for support, in whole or in part, they could find only nominal damages, which was refused: Held, properly refused. The law implies a pecuniary loss to a father from the death of his minor child for loss of its services, and he may recover compensation under the statute.</p>