Village of Warren v. Wright

Citations

• 103 Ill. 298
• 1882 Ill. LEXIS 174

Syllabus

<p>1. Evidence—in action for injury from defective sidewalk—evidence in rebuttal, as to previous physical condition of the plaintiff. In an action against a village to recover damages for injuries from the falling of a sidewalk, the plaintiff claiming that he received an injury in his back, the defendant introduced evidence of a previous complaint on his part of weakness in the back. In answer to this, witnesses on the part of the plaintiff were allowed to testify to their not having heard any complaint by him in regard to his back previous to the accident: Held, that though of a negative character, and entitled to but little, if any, weight, it was not irrelevant.</p> <p>2. Same—as explanatory of plaintiff continuing a journey after he was ' injured. A party, after receiving .a personal injury from a defective sidewalk in this State, went to Canada, where his deposition was taken in a suit by him to recover damages. In the cross-examination he was asked if he stopped over at any place on his return to Canada, and answered that he did not, and then said in explanation that a physician on the train advised him not to stop off over night, but to get home as soon as he could: Held, that in rebuttal of the inference as to his physical condition, which might be drawn from the fact of his being able to go through to Canada without any stopping, it was proper for him to give his reason for not stopping over.</p> <p>3. Same—as to physical condition of plaintiff a year before receiving a personal injury. Where a plaintiff left Canada to go to the village of Warren, in this State, in March, 1876, and there received a personal injury in May, 1877, by the falling of a sidewalk, in a suit by him against the village, evidence on the part of the plaintiff as to his good physical condition when he left Canada was objected to as too remote: Held, that as there was testimony on the part of the defendant as to the poor health of the plaintiff but a short time after his coming to Warre