West Chicago Street Railroad v. Mabie
Appellate Court of Illinois
Trespass on the Case.—Death from negligent act. Trial in the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.
1Opinion of the Court
Mr. Justioe Horton
delivered the opinion of the court.
This suit was brought by the appellee as administrator of the estate of Lizzie Knuth, a child between three and four years of age, to recover damages for her death, caused by a grip-car owned and operated by appellant.
The verdict and judgment are for the sum of $4,000. The deceased was less than four years old at the time of her death. At common law no right of action accrued to an administrator in such a case. There can be no recovery except under and by virtue of the statute of this State, which limits the recovery to “ the pecuniary…
2Cases cited7 opinions
- Lake Shore & Michigan Southern Railway Co. v. HessionsIllinois Supreme Court · 1894
- Chicago & Rock Island Railroad v. MorrisIllinois Supreme Court · 1861
- Quincy Coal Co. v. HoodIllinois Supreme Court · 1875
- Safford v. DrewThe Superior Court of New York City · 1854
- Bowman v. PeopleIllinois Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Chicago, R. I. & P. Ry. Co. v. BurkeAppellate Court of Illinois · 1902