Toledo, Wabash & Western Railway Co. v. Eddy

Citations

• 72 Ill. 138

Syllabus

<p>1. Venue—application for change after first term of court. Where an application for a change of venue is made at a term of court after the first, ten days’ notice of such application should be-given to the other party, or the affidavit should show that the cause for the change came to the knowledge of the applicant, for the first time, less than ten days before the time of making the application.</p> <p>2. Same—change on account of prejudice of the judge. An affidavit for a change of venue on account of the prejudice of the judge, which fails to show against whom the judge is prejudiced, is insufficient.</p> <p>3. Contributory negligence—duty of servant in using machinery provided by railroad company. It is the duty of the servant of a railroad company to see that the machinery which he uses is in repair, and when it is not, to report the fact to the company, and it is negligence on his part to fail to do so; and the company will not be liable for any injury sustained by him, occasioned by such machinery being out of repair.</p> <p>4. Same—parrty injured must use diligence to home himself cured. A party claiming damages for an injury caused by the negligence of another, must, after the injury is received, act as a prudent man would under the circumstances, and use due diligence to know whether medical aid is required, and to have himself cured. He has no right to act recklessly in this regard, and then charge the defendant for the effect of such conduct; and it should be left to the jury whether the party injured has used due diligence to have himself cured or not.</p>