Herbst v. Levy

Mr. Presiding Justice Friend

delivered the opinion of the court.

Henry W. Herbst, administrator of the estate of Edward W. Herbst, deceased, brought an action against defendant under the Injuries Act, Cahill’s St. ch. 70, on behalf of the widow and daughter of plaintiff’s intestate to recover damages for the alleged wrongful death of plaintiff’s intestate. Trial was had before a jury, resulting in a verdict and judgment for $8,500, from which defendant appeals.

Counts 2 and 3 of the declaration were dismissed and withdrawn, leaving only count 1, which alleged the negligence of defendant and that…