Peoria Bridge Ass'n v. Loomis
Illinois Supreme Court
This is an action of trespass on the case, commenced in Tazewell, and, by change of venue, sent to Marshall county, whore it was tried at January term, 1858. The declaration contains two counts, which are as follows: Lyman J. Loomis, the plaintiff in this suit, complains of the Peoria Bridge Association, a corporation created by and under the laws of the State of Illinois, passed on and since the 26th day of January, A. D. 1847, entitled “An Act to authorize the construction…
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This is an action of trespass on the case, commenced in Tazewell, and, by change of venue, sent to Marshall county, whore it was tried at January term, 1858. The declaration contains two counts, which are as follows: Lyman J. Loomis, the plaintiff in this suit, complains of the Peoria Bridge Association, a corporation created by and under the laws of the State of Illinois, passed on and since the 26th day of January, A. D. 1847, entitled “An Act to authorize the construction of a bridge across the Illinois river,” and also, an Act amendatory thereto, entitled “ An Act in addition to an Act…
1Opinion of the CourtBreese, J.
There can be no doubt, as urged by the counsel for the appellee, that juries may give exemplary or punitive damages, in cases of willful negligence or malice. But it is requisite such a case must be made.
We look in vain into the evidence of this cause for the proof of any willful negligence on the part of the Bridge Association. Some of the witnesses say, the bridge was unsafe before and at the time of the accident, whilst others, equally credible, give a contrary opinion. That the appellants were negligent in not providing additional precautions against the increased dangers occasioned by…
2Cited by22 opinions
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- Parker v. Pennsylvania Co.Indiana Supreme Court · 1893
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