Kohl v. Clarkson

Decided August 2, 1913

Appellate Court of Illinois · decided 1913-08-02

Abstract of the Decision. 1. Death, § 46*—evidence sufficient to prove want of contributory negligence. In an action for death of plaintiff’s intestate where there was no eyewitness to the killing, administrator may prove ordinary care on the part of deceased by the highest proof of which the case is capable, including the habits of deceased, and from any other facts and circumstances from which jury may find that he exercised such care. 2. Death, § 78*—when verdict not sustained by the evidence. In an action against an owner of a laundry to recover for death of an employe while cleaning a laundry wringer, verdict • in favor of plaintiff, held contrary to the weight of the evidence. 3. Witnesses, § 131*—when defendant incompetent in an action for wrongful death. In an action for wrongful death, defendant held incompetent to testify whether he had talked with deceased or warned him with reference to the use of a machine. 4. Instructions, § 126*—propriety of abstract instruction. Instructions which are only abstract propositions of law not connected with the evidence in the case may be properly refused.

• Reversed with finding of fact · Decided 1913-08-02

Mr. Presiding Justice Whitney

¶1delivered the opinion of the court.

2. Death, § 78*—when verdict not sustained by the evidence. In an action against an owner of a laundry to recover for death of an employe while cleaning a laundry wringer, verdict • in favor of plaintiff, held contrary to the weight of the evidence.3. Witnesses, § 131*—when defendant incompetent in an action for wrongful death. In an action for wrongful death, defendant held incompetent to testify whether he had talked with deceased or warned him with reference to the use of a machine.4. Instructions, § 126*—propriety of abstract instruction. Instructions which are only abstract propositions of law not connected with the evidence in the case may be properly refused.