Citations
- 18 Ill. App. 28
Full opinion text
Baker, J.
We feel constrained to reverso the judgment in this case, for the errors of the circuit court in giving the first and second instructions for appellee.
It can not be said that there was no evidence before the jury tending to show a want of ordinary care on the part of the deceased; and it was therefore requisite it should have been submitted to their consideration whether plaintiffs intestate had in fact used the degree of care imposed by law upon him, or on the contrary, had been guilty of such negligence as to preclude a recovery. The first instruction directed a verdict for the plaintiff in the event it was found that the defendant was guilty of the wrongful act, neglect, or default charged, and that the same resulted in the death of the intestate, and wholly ignored the element of care or caution on the part of the deceased. It is suggested that this objection to the instruction is obviated by the words of limitation contained in it, i.