Metcalf v. Chicago Sandoval Coal Co.

Appellate Court of Illinois

Metcalf v. Chicago Sandoval Coal Co.

211 Ill. App. 31

Appellate Court of Illinois·Decided April 5, 1918·Published

Opinion

Mr. Justice Higbee

delivered the opinion of the court.

3. Damages, § 205* — when instruction is objectionable as failing to limit damages to those alleged in declaration. An instruction, in an action for personal injuries to an employee, which states that plaintiff may recover any damages which he is shown to have sustained, if defendant failed to provide him a safe place to work, is objectionable as failing to limit the damages recoverable to those alleged in the declaration.

McBride, J., took no part on the hearing of this case.

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Mr. Justice Higbee

delivered the opinion of the court.

3. Damages, § 205* — when instruction is objectionable as failing to limit damages to those alleged in declaration. An instruction, in an action for personal injuries to an employee, which states that plaintiff may recover any damages which he is shown to have sustained, if defendant failed to provide him a safe place to work, is objectionable as failing to limit the damages recoverable to those alleged in the declaration.

McBride, J., took no part on the hearing of this case.

Metcalf v. Chicago Sandoval Coal Co., 211 Ill. App. 31 (Ill. Ct. App. 1918).

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211 Ill. App. 31 (Metcalf v. Chicago Sandoval Coal Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.