Toledo, Wabash & Western Railway Co. v. Baddeley

Citations

• 54 Ill. 19

Syllabus

<p>1. Depositions—notary public. In this State depositions in all cases may he taken before a notary public.</p> <p>2 Notice to take depositions—as tofke residence of fhemtmsses. A notice given by the plaintiff to take his own deposition, to be read in a suit at law commenced in Champaign county, but then pending in Eord county, had the venue of the latter county, and notified the defendant that the deposition would be taken at the residence of the plaintiff, at a place in Champaign county.' On the objection that the notice did not show the witness was a resident of a different county from that in which the suit was pending, it was held, as the action was brought in Champaign county, it was a fair inference that was the county of the plaintiff’s residence, and it was a county different from the one in which the suit was pending.</p> <p>3. Pbaotice—time of objecting to depositions. Objections to depositions should be taken and disposed of before the trial of the cause, so that, if defective, the party taking them may have an opportunity to remedy the defects, and for such purpose to ask a continuance.</p> <p>4. Measure of damages—in an action for injuries resulting from negligence of defendant. In an action against a railroad company for injuries to the plaintiff, a passenger on a train of the defendants, occasioned by the negligence of the company, the jury may consider, in estimating the damages, whether the mental faculties of the plaintiff were impaired by the accident; and this is a legitimate subject of inquiry without reference to the question whether the act was wilfully done.</p> <p>5. And in such case it is competent for the physician who attended upon the plaintiff on the occasion, to testify on behalf of the plaintiff as to his opinion in respect to the effect of the injuries received by the plaintiff upon his future condition.</p> <p>6. Negligence — instruction. In an action to recover for injuries received by reason of the negligence of the defendant, i