North Chicago Street Railroad v. Honsinger
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. H. V. Freeman, Judge, presiding. This is an action to recover damages for a personal injury, brought by appellee against the appellant company.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. H. V. Freeman, Judge, presiding. This is an action to recover damages for a personal injury, brought by appellee against the appellant company. The declaration charges, that the appellee was a passenger upon the defendant’s street railway, and while she was in the exercise of ordinary care for her own safety, the defendant so carelessly managed and handled the car upon which she was riding, that it was suddenly jerked and stopped, so that appellee was thrown…
1Opinion of the CourtJustice Magruder
Only two grounds for the reversal of the judgment below are brought to our attention by counsel for appellant in their brief. The first of these objections is, that the trial court erred in giving the second instruction which was given for the appellee. That instruction begins as follows: “In determining the amount of damages, the jury should take into consideration all the facts and circumstances in evidence before them,” etc. It is said, that this instruction is erroneous, because it assumes that damages were sustained, and merely leaves it to the jury to determine the amount, of the…
2Cases cited2 opinions
- Small v. BrainardIllinois Supreme Court · 1867
- Felsenthal v. BlockAppellate Court of Illinois · 1881