Fitzgerald v. Sampsell

Appellate Court of Illinois

Fitzgerald v. Sampsell

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

CourtAppellate Court of Illinois

DecidedFebruary 3, 1915

DocketGen. No. 19,363

StatusPublished

This text of 191 Ill. App. 366 (Fitzgerald v. Sampsell) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

191 Ill. App. 366, 1915 Ill. App. LEXIS 989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-sampsell-illappct-1915.