Reports of Cases Determined in the Appellate Courts of Illinois, volume 151
Reports of Cases Determined in the Appellate Courts of Illinois, volume 151
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Knowing the law to be such, Digitized by Google « Chicago— First District—Octobeb, 190d, 197 People Y. Schwartz et al., 151 111. App. 190.
the appellant company executed this bond. We see no diflScnlty in finding appellant liable for the misconduct and unlawful acts of the constable, Schwartz, com- mitted under color of his office. The liability embraces compensatory, but not punitive, damages for the in- juries Mrs. Hill sustained.
The rule which afifords the measure of damages is to be suppli...ed by the presiding judge, the amount of the damages is a question for the jury and, unless the damages are so excessive as to lead to a conclusion of passion or prejudice, neither the presiding judge nor an appellate tribunal can rightfully interfere with their verdict in respect to amount. Here the learned trial judge instructed the jury correctly as to the meas- ure of damages. For an invasion of private rights by a public official, under the circumstances here shown, a jury can best determine the amount that will com- pensate one who has been both " injured '^ and *' ag- grieved" by the official misconduct of the constable.
What to read after Reports of Cases Determined in the Appellate Courts of Illinois, volume 151?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Knowing the law to be such, Digitized by Google « Chicago— First District—Octobeb, 190d, 197 People Y. Schwartz et al., 151 111. App. 190.
the appellant company executed this bond. We see no diflScnlty in finding appellant liable for the misconduct and unlawful acts of the constable, Schwartz, com- mitted under color of his office. The liability embraces compensatory, but not punitive, damages for the in- juries Mrs. Hill sustained.
The rule which afifords the measure of damages is to be suppli...ed by the presiding judge, the amount of the damages is a question for the jury and, unless the damages are so excessive as to lead to a conclusion of passion or prejudice, neither the presiding judge nor an appellate tribunal can rightfully interfere with their verdict in respect to amount. Here the learned trial judge instructed the jury correctly as to the meas- ure of damages. For an invasion of private rights by a public official, under the circumstances here shown, a jury can best determine the amount that will com- pensate one who has been both " injured '^ and *' ag- grieved" by the official misconduct of the constable.
What to read after Reports of Cases Determined in the Appellate Courts of Illinois, volume 151?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith to read onlineMoreLess
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