Strickfaden v. Zipprick

Citations

• 49 Ill. 286

Syllabus

<p>1. Negligence—contributory—in what actions the question of-—does not arise. In an action on the case, against an officer, to recover damages for his willful neglect to perform an imperative duty imposed upon him by statute, the question of contributory negligence can not arise.</p> <p>2. Same—malice—in sitch cases—question of—unimportant. And in actions of this character, the question of malice is unimportant, except as bearing upon the question of damages.</p> <p>3. Same—of the gravamen of the action. In such cases, the gravamen of the action is not the wrongful act; but the neglect to perform an imperative duty, and the good faith with which the defendant acted, or failed to act, can not be considered.</p> <p>4. Practice—exceptions to instructions—when presumed to have been tabeen in due time. Where an exception to an instruction appears in regular order upon the record, immediately following the instruction excepted to, this court will presume that such exception was taken at the time the instruction was given.</p>