Public-domain · open source
OpenJurist

43 Ill. App. 579

Travis v. Pierson

Appellate Court of Illinois

Decided January 14, 1892

Appellate Court of Illinois · decided 1892-01-14

<p>Streets and Alleys—Collisionin Street—Measure of Damages—Evidence.</p> <p>1. In cases of collision in a street the innocent party is entitled to recover from the wrong-doer what it is reasonably necessary for him to pay, and he does pay, in order to repair the damage done, and also a reasonable sum for the loss of the use of his carriage while he is necessarily deprived thereof.</p> <p>2. What one has actually paid for repairs is, in the absence of anything to indicate had faith, admissible in evidence to show what the reasonable cost of such repairs is.</p>

Relies on Hildreth v. Fitts · Atchison v. Steam Boat "Dr. Franklin"

Good law ✅— No negative treatment on recordhow we know

Decided 1892-01-14

How this case has been cited

Cited by 13 later decisions — most recently November 1982

13 state decisions

601892190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Waterman, P. J.

¶1This case arose out of a collision between two vehicles on a street in the city of Chicago. We see no sufficient reason for interfering with the conclusion of the court below as to who was to blame for the collision.

¶2In cases of collision the innocent party is entitled to recover from the wrong-doer what it is reasonably necessary for him to pay, and he does pay, in order to repair the damage done, and also a reasonable sum for tide loss of the use of his carriage while he is necessarily deprived of its use. Heard v. Holman, 115 E. C. Law, 1-9; The Atlas, 3 Otto, 302; The United States, 3 Wallace, 310; Jolly v. Terre Haute Bridge Co., 6 McLean, 238; Williamson et al. v. Barrett et al., 13 Howard (U. S.), 101.

¶3In ordinary business transactions, nothing appearing to cast suspicion on the fairness thereof, good faith is presumed, and evidence of what one has actually paid for necessary repairs is admissible to show what the reasonable cost of such repairs is. Atchison v. Steamboat, 14 Mo. 63-69; Hildreth v. Fitts, 53 Vt. 684-690.

¶4The judgment of the Superior Court is affirmed.

¶5Judgment affirmed.

/43/illapp/579 · .json · Public domain