Schaffner v. C. F. Massey Co.

Appellate Court of Illinois

Schaffner v. C. F. Massey Co.

189 Ill. App. 391

CourtAppellate Court of Illinois

DecidedNovember 9, 1914

DocketGen. No. 20,345

StatusPublished

This text of 189 Ill. App. 391 (Schaffner v. C. F. Massey Co.) 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

Schaffner v. C. F. Massey Co., 189 Ill. App. 391 (Ill. Ct. App. 1914).

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Opinion

Mr. Justice McSurely

delivered the opinion of the court.

7. Master and servant, § 307*—when court may refuse an abstract instruction as to assumption of risk. In an action to recover for a death caused by paint and gasoline fumes arising while decedent was painting the interior of a concrete battery well, it was not erroneous to refuse to give an instruction containing an abstract statement of the law as to assumption of risk, which ignored entirely the theory and proof that the decedent was obeying a specific order in painting the well. 8. Instructions, § 151*-—when requested instruction may be refused. It is not erroneous to refuse a requested instruction practically covered by an instruction given. 9. Trial, § 45*—when improper remarks of the court will not require reversal. Where the court’s remarks, indicating hostility towards certain of defendant’s witnesses, are made in chambers, out of the hearing of the jury, they are not so prejudicial as to require a reversal. 10. Death, § 67*—when the amount of damages awarded is not excessive. A verdict of five thousand dollars for the death of a young man over eighteen years of age, who was the support of his mother, held not excessive.

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Mr. Justice McSurely

delivered the opinion of the court.

7. Master and servant, § 307*—when court may refuse an abstract instruction as to assumption of risk. In an action to recover for a death caused by paint and gasoline fumes arising while decedent was painting the interior of a concrete battery well, it was not erroneous to refuse to give an instruction containing an abstract statement of the law as to assumption of risk, which ignored entirely the theory and proof that the decedent was obeying a specific order in painting the well. 8. Instructions, § 151*-—when requested instruction may be refused. It is not erroneous to refuse a requested instruction practically covered by an instruction given. 9. Trial, § 45*—when improper remarks of the court will not require reversal. Where the court’s remarks, indicating hostility towards certain of defendant’s witnesses, are made in chambers, out of the hearing of the jury, they are not so prejudicial as to require a reversal. 10. Death, § 67*—when the amount of damages awarded is not excessive. A verdict of five thousand dollars for the death of a young man over eighteen years of age, who was the support of his mother, held not excessive.

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189 Ill. App. 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaffner-v-c-f-massey-co-illappct-1914.