Wilcox v. Bierd

Appellant brought an action of trespass on the case for the wrongful death of Percy C. Wilcox, in the circuit court of Sangamon county, against- appellees, receivers for the Chicago and Alton Railroad Company, for the benefit of the next of kin of the deceased, under “An act requiring compensation for causing death by wrongful act, neglect or default,” approved and in force February 12, 1853. (Laws of 1853, p. 97.) The original declaration contained three counts, the first count charging negligence of appellees’ servant in failing to lower gates maintained by the railroad company at a certain…