Waldron v. Marcier

Citations

• 82 Ill. 550

Syllabus

<p>1. Contract—to locate a depot within a given time, does not require the erection of a d&pot building within the time named. A contract by a railroad • company to locate a depot at a certain place within six months from the date of the contract, is complied with by staking off the ground, building a platform and actually using the premises for depot purposes, within the time limited, although the depot building is not erected within the time named.</p> <p>2. Measure of damages — in trespass. An instruction, in an action of trespass, where there is no evidence of wantonness or willfulness, should not direct the jury, if they find for the plaintiff, to allow him such damages as they believe, from the evidence, he is entitled to. Such damages as they believe, from the evidence, he has sustained, is all they should be directed to allow.</p> <p>3. Instruction should be based on the evidence. The jury should not be instructed, in an action of trespass, that they may give punitive damages if they believe, from the evidence, the trespass was committed wantonly or willfully, where there are no circumstances of wantonness or willfulness to warrant such an instruction.</p>