Legal Opinion

Chicago & Grand Trunk Railway Co. v. Kinnare

Appellate Court of Illinois

Decided July 12, 1904No. Gen. No. 10,494PublishedCited by 1 opinion

Action on the case for death caused by alleged wrongful act. Error to the Circuit Court of Cook County; the I-Ion. Henry B. Willis, Judge, presiding.

1Opinion of the CourtJustice Baker

The amended declaration upon which the case was tried consists of four counts. " The first count contains an allegation that deceased left a father, mother and two sisters, naming them, who were deprived of their means of support by his death. Bone of the other counts contains any allegations as to the next of kin. The court instructed the jury that under the evidence the plaintiff could not recover under either the first or second counts.

It is claimed that this instruction, in effect, took the first and second counts out of the declaration and left the third and fourth counts defective, for…

2Cases cited5 opinions

  1. Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
  2. Chicago & Eastern Illinois Railroad v. HinesIllinois Supreme Court · 1890
  3. Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
  4. St. Luke's Hospital v. FosterAppellate Court of Illinois · 1900
  5. Cleveland, Cincinnati, Chicago & St. L. Ry. Co. v. RiceAppellate Court of Illinois · 1892

3Cited by1 opinion

  1. Shaughnessy v. HoltAppellate Court of Illinois · 1908

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