The Peoria Bridge Ass'n v. Loomis

• Decision Date: 30 April 1858
• Citation: 1858 WL 6063,71 Am.Dec. 263,10 Peck 235,20 Ill. 235
• Parties: THE PEORIA BRIDGE ASSOCIATION, Appellant,v.LYMAN J. LOOMIS, Appellee.
• Court: Illinois Supreme Court

20 Ill. 235
1858 WL 6063 (Ill.)
71 Am.Dec. 263
10 Peck (IL) 235

THE PEORIA BRIDGE ASSOCIATION, Appellant,
v.
LYMAN J. LOOMIS, Appellee.

Supreme Court of Illinois.

April Term, 1858.

Appeal from Marshall.

1. Juries may give exemplary damages in cases of willful negligence or malice, if the proof exhibits such a state of case.

2. To constitute willful negligence, the act done, or omitted, must be the result of intention. Mere neglect cannot ordinarily be ranked as willfulness.

[20 Ill. 236]

3. The proprietors of a bridge, if it should be applied to the uses of a railroad, should provide increased guards against consequential new dangers.

4. In actions for negligence, that the plaintiff, if not wholly free from fault, must be, as compared to the negligence of the defendants, so much less culpable as to incline the balance in his favor, both being in some fault.

5. Where there is an absence of proof of willful negligence, and no foundation for the damages awarded, and the finding of the jury manifests feeling and prejudice, the verdict will be set aside.

6. The rule of damages for personal injuries resulting from the negligence of others, is measured by the loss of time and expense incurred in respect of it; the pain and suffering undergone; permanent injuries sustained; impairing future usefulness, and consequent pecuniary loss.

THIS is an action of trespass on the case, commenced in Tazewell, and, by change of venue, sent to Marshall county, where it was tried at January term, 1858.

The declaration contains two counts, which are as follows:

Lyman J. Loomis, the plaintiff in this suit, complains of the Peoria Bridge Association, a corporation created by and under the laws of the state of Illinois, passed on and since the 26th day of January, A. D. 1847, entitled “An act to authorize the construction of a bridge across the Illinois river,” and also an act amendatory thereto, entitled “An act in addition to an act entitled ‘An act to authorize the construction of a bridge across the Illinois river,’ approved January 26, 1847,” defendants in this suit, of a plea of trespass on the case; for that, whereas, before and at the time of the committing of the grievances hereinafter next mentioned, the said defendants were the owners and possessors of a certain bridge across the Illinois river, extending from the city and county of Peoria across the Illinois river, in the county of Tazewell and state aforesaid, and were also the owners and possessors of certain lands adjacent thereto, and lying and adjoining their (the defendants') said bridge, and whereas all and every person was entitled, and of right, to cross and pass over, along and upon said bridge of said defendants aforesaid, on paying tolls therefor to said defendants; and said defendants were bound by law to keep their said bridge in good repair, so as to furnish a safe and convenient passage to all and every person and persons, and their teams, horses, wagons and property, on payment of the tolls aforesaid to said defendants; and said defendants were also bound by law, and of right should and ought to have kept their said lands and premises adjacent to and adjoining said bridge free and clear of and from any and all cars, locomotives, railroad tracks, fixtures, steam engines, and free and clear of and from the running, noise, confusion, whistling and alarm, on, over and upon their said lands and premises so adjoining, adjacent and next contiguous to their said bridge, whereby the horses, teams and property of any and all persons crossing over, along and upon said

[20 Ill. 237]

bridge of said defendants could become frightened and alarmed, and run or back off, through or over said bridge. Yet the said defendants, not regarding their duty in this behalf, willfully, negligently and carelessly suffered and permitted divers persons, corporations and railroad companies to lay down their certain railroad track on the land and premises of and belonging to said defendants, adjacent to, next adjoining and contiguous to their said bridge aforesaid; and said defendants also authorized, contracted, and agreed to and with, and knowingly suffered said divers persons, corporations and railroad companies to lay down their said road track as aforesaid, and build and construct their fixtures thereon, and run their cars, to wit: one hundred cars and engines, to wit: ten engines and locomotives, to wit: ten locomotives, over and upon said railroad track so laid down and constructed on and over the said premises of defendants as aforesaid, and which said cars, engines, machinery and locomotives were moved, driven and propelled by steam power, with great force, noise, confusion and whistling, to the great fright, consternation, alarm, dread, hazard and danger of all and every person and persons, their horses, teams and property passing and crossing over, upon and along said bridge of said defendants as aforesaid, to wit: on the 15th day of December, A. D. 1856, at the county of Tazewell aforesaid; and by reason whereof, and by reason of the running, driving and propelling of said cars, engines, locomotives and machinery of said divers persons, corporations and railroad companies over and upon the said land and premises of said defendants as aforesaid, with great force, noise, confusion, disturbance and whistling of said locomotives and engines, the team and horses of said plaintiff, so crossing along, upon and over said bridge as aforesaid, as he lawfully might do, and of right was entitled to, took fright, became greatly alarmed, and run and pushed over and through said bridge, and fell, and were precipitated and hurled with great violence to the ground, a great distance, to wit: the distance of fifteen feet, together with the plaintiff, his wagon, team and property, wherewith he the said plaintiff was then and there passing over, upon and along said bridge of said defendants aforesaid; and whereby and by reason of said fall off, through and over said bridge of said defendants aforesaid, the said plaintiff was bruised, injured, wounded and maimed for life, and his bones broken; and whereby, also, his said horses and team were bruised, damaged, injured, wounded and rendered entirely valueless to said plaintiff; and his said wagon and property which said plaintiff was crossing over, along and upon said defendants' bridge, as aforesaid, became broken, injured and worthless, and entirely useless and valueless to said plaintiff, to wit: at the county aforesaid;

[20 Ill. 238]

and the said plaintiff, in consequence of said falling and being hurled and precipitated to the ground, together with his said horses, team, wagon and property as aforesaid, and in consequence of such bruises, maims, wounds, injuries, and broken bones to himself and horses as aforesaid, and the damage and breaking of his wagon, team and property so crossing along, over and upon said bridge of said defendants as aforesaid, and in and about the curing, healing, care, skill, and attention of and to himself and horses, and the repairing of his wagon, team and property, was forced and obliged to pay, lay out and expend divers large sums of money amounting in all to a great sum of money, to wit: the sum of one thousand dollars, to wit: at the county of Tazewell aforesaid.

And also for that whereas, before and at the time of committing of the grievances by said defendants, as hereinafter next mentioned, the said defendants were the owners and possessors of a certain other bridge, extending from the city and county of Peoria, across the Illinois river, into the county of Tazewell, and state of Illinois, and over, across and along which said bridge any and all persons were entitled to cross, pass, and of right might cross, pass and travel, and use for the purpose of crossing the said Illinois river, together with their and each of their horses, wagons, teams and property, on payment of toll to said defendants; and said defendants being so possessed of and the owners of said other bridge as aforesaid, and entitled to have, demand and receive tolls from any and all persons so crossing and passing over said other bridge, either with or without their and each of their horses, wagons, teams and property as aforesaid, and by reason whereof the said defendants ought of right, and were bound by law, to repair said bridge and keep the same in good repair, so as to admit of convenient and safe passage for all persons, and their property, teams, wagons and horses, on payment of the tolls to said defendant. Yet the said defendants, not regarding their duty in this behalf, willfully, negligently and carelessly, and by and through their negligence, carelessness and default, and for want of due care and attention in this behalf, suffered and permitted their said other bridge aforesaid to be, remain and continue out of repair, unsafe, and in a rotten, dangerous and hazardous condition, insomuch that the said other bridge did not admit of convenient and safe passage to any and all persons, and their property, on payment of the tolls to said defendants as aforesaid, to wit, at the county aforesaid; and by reason whereof, and by reason of the said other bridge of said defendants being, remaining and

[20 Ill. 239]

continuing out of repair...