Fitzgerald v. Sampsell

Appellate Court of Illinois

Fitzgerald v. Sampsell

191 Ill. App. 366, 1915 Ill. App. LEXIS 989

Appellate Court of Illinois·Decided February 3, 1915·No. Gen. No. 19,363·Published

Opinion

Mr. Justice Graves

delivered the opinion of the court.

5. Instructions, § 41*—province of jury as judges of facts. An instruction informing the jury that they are, “under the instructions of the court and from the evidence,” the sole judges of the facts is not faulty as making the jury “the sole judges of all questions of fact.” 6. Damages, § 110*—where verdict not excessive for permanent injuries. Where plaintiff, of tender years, from the time of an accident had walked with a limp and had a curvature of the spine and shortening of a leg, with other permanent injuries, while he had previously been a sound, healthy boy, a verdict for twenty-seven hundred and fifty dollars held not excessive.

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Mr. Justice Graves

delivered the opinion of the court.

5. Instructions, § 41*—province of jury as judges of facts. An instruction informing the jury that they are, “under the instructions of the court and from the evidence,” the sole judges of the facts is not faulty as making the jury “the sole judges of all questions of fact.” 6. Damages, § 110*—where verdict not excessive for permanent injuries. Where plaintiff, of tender years, from the time of an accident had walked with a limp and had a curvature of the spine and shortening of a leg, with other permanent injuries, while he had previously been a sound, healthy boy, a verdict for twenty-seven hundred and fifty dollars held not excessive.

Fitzgerald v. Sampsell, 191 Ill. App. 366, 1915 Ill. App. LEXIS 989 (Ill. Ct. App. 1915).

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191 Ill. App. 366 (Fitzgerald v. Sampsell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.