Barley v. Chicago & A. R.
United States Circuit Court
At law. This was an action on the case under the statute by Patrick Barley, administrator of the estate of Benjamin Barley, deceased, [against Chicago & Alton Railroad Company,] to recover damages for the death of said Benjamin by the alleged negligence of the defendant.
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At law. This was an action on the case under the statute by Patrick Barley, administrator of the estate of Benjamin Barley, deceased, [against Chicago & Alton Railroad Company,] to recover damages for the death of said Benjamin by the alleged negligence of the defendant. The statute) of Illinois is as follows: “§ 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover, damages in respect thereof, then and in every such…
1Opinion of the Court
DRUMMOND, District Judge,
(charging jury.) Under the statute in force in this state, the father, having taken out letters of administration, sues the defendant to recover damages for the loss which has been sustained, in the language of the statute, “by the next-of-kin” in consequence of the death of the child by the alleged negligence of the defendant.
The first question to be determined, therefore, is, Was it the negligence of defendant that caused his death?
Beach street was a public street and the defendant had a track laid on it. No law has been introduced on the subject, but it has been…
2Cases cited8 opinions
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- The Steamboat Clipper v. LoganOhio Supreme Court · 1849
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Cooper v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
- Johnson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.