Denslow v. Hutchinson
Appellate Court of Illinois
Action on the case. .Appeal from the Circuit Court of Cook county; the Hon. Richabd W. Cliffobd, Judge, presiding. Heard in this court at the October term, 1908.
1Opinion of the CourtJustice Baker
At common law this action would not survive in case of the death of either the plaintiff or defendant. The only question is, does it survive by force and effect of the clause of section 123, chapter 3, R. S., which provides that ‘ 1 actions to recover damages for an injury to the person (except slander and libel),” shall survive?- This section has been held to provide for the survival of any action therein designated if the party aggrieved, or the wrongdoer, or both, should die. Devine v. Healy, 241 Ill. 34-38; Nor. Trust Co. v. Palmer, 171 Ill. 383.
In Massachusetts, under a statute providing…
2Cases cited5 opinions
- Devine v. HealyIllinois Supreme Court · 1909
- Northern Trust Co. v. PalmerIllinois Supreme Court · 1898
- Clark v. CarrollCourt of Appeals of Maryland · 1882
- Pinkerton v. GilbertAppellate Court of Illinois · 1887
- Conly v. ConlyMassachusetts Supreme Judicial Court · 1877
3Cited by7 opinions
- Johnson v. ArnosDistrict Court, N.D. Illinois · 1985
- Berghoff v. R.J. Frisby Manufacturing Co.District Court, N.D. Illinois · 1989
- Kent v. MuscarelloAppellate Court of Illinois · 1973
- Shedd v. PattersonAppellate Court of Illinois · 1923
- Bradley v. Federal Life InsuranceAppellate Court of Illinois · 1920
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