Allaire v. St. Luke's Hospital
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding. The amended declaration in this case, omitting the caption, is in the words and figures as follows: “The said plaintiff, Thomas Edwin Allaire, an infant of tender age, by Ada A. Allaire, his next friend, and Philetus Smith, his attorney, by leave of the court first had, for amended declaration, complains of the said defendants, both bodies politic and corporate, and doing business at the city of Chicago, in said county, under…
1Per curiam
In deciding this case the Appellate Court delivered the following opinion:
“The action is not given by any statute, and if maintainable it must be so by the common law, and, therefor^, the question is whether, at common law, the action can be maintained. Had the plaintiff, at the .time of the alleged injury, in contemplation of the common law, such distinct and independent existence that he may maintain the action, or was he, in view of the common law, a part of his mother? If the former, it would seem the action can be maintained; but if the latter, not, because, if a part of his mother, the…
2Cases cited1 opinion
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
3Cited by107 opinions
- People v. GreerIllinois Supreme Court · 1980
- Woods v. LancetNew York Court of Appeals · 1951
- Renslow v. Mennonite HospitalIllinois Supreme Court · 1977
- Verkennes v. CornieaSupreme Court of Minnesota · 1949
- Smith v. BrennanSupreme Court of New Jersey · 1960
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