Village of Sheridan v. Hibbard

Citations

• 119 Ill. 307
• 9 N.E. 901

Syllabus

<p>1. Negligence—measure of damages—inaction to recover for personal injury occasioned by negligence of the defendant. In an action against an incorporated village to recover for a personal injury caused by a defective sidewalk, the court, in substance, instructed the jury, that if they found the defendant guilty, the plaintiff would be entitled to recover for any pain and anguish which he had suffered, or would thereafter suffer, in consequence of the injury; for any and all damages to his person, permanent or otherwise, occasioned by such injury; for loss of time, if any, caused by the injury; for expenses incurred in a reasonable effort to effect the cure of such injury; and, generally, to recover all damages alleged in the declaration which they believed, from the evidence, he had sustained by the injury: Held, that as an instruction in regard to the measure of damages it was substantially correct, and that it was not open to the objection that it allowed the jury to give damages although the plaintiff had failed to exercise due care.</p> <p>2. Same—of an instruction in such case—of its proper elements. An instruction as to the plaintiff's right to recover for personal injuries resulting from the alleged negligence of the defendant, should include the hypothesis of ordinary care on the part of the plaintiff to avoid the injury.</p> <p>3. But when the instruction relates solely to the measure of damages, and the elements thereof, in the event the defendant is found guilty, it need not refer to the care exercised by the plaintiff, nor need it include the hypothesis that the plaintiff used due care and prudence in his efforts to be cured of Ms injuries, that being a matter in mitigation of damages, and the proper subject of an instruction for the defendant.</p> <p>4. Instruction—need not contain every element essential to a recovery or defence. It is not necessary that every instruction asked, without regard to its office or purpose, should have embodied in it ever