Bradley v. Chicago-Virden Coal Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. O. P. Thompson, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. O. P. Thompson, Judge, presiding. On August 22, 1902, appellant, as the administrator of the estate of Edward Bradley, deceased, commenced an action on the case against appellee, in the circuit court of Sangamon county, for damages on account of the death of his intestate, which occurred on July 25, 1902, from injuries received some nine days before in a mine operated by appellee. The declaration as originally filed consisted of two counts, the first…
1Opinion of the CourtJustice Carter
The first declaration as amended January 21, 1904, sought a recovery upon the breach of a common law liability. The declaration as changed April 4, 1904, substitutethe parents, as next of kin, as plaintiffs in place of the administrator, and set up an action for recovery of a statutory penalty, only, under the Mines and Miners act. Afterwards, on January 18, 1905, the declaration was again amended so as to ask for recovery on the common law liability alone, the administrator being substituted as plaintiff in place of the next of kin. The Appellate Court held that this last amendment…
2Cases cited5 opinions
- Fish v. FarwellIllinois Supreme Court · 1895
- Carterville Coal Co. v. AbbottIllinois Supreme Court · 1899
- Eylenfeldt v. Illinois Steel Co.Illinois Supreme Court · 1896
- Litchfield Coal Co. v. TaylorIllinois Supreme Court · 1876
- United States Insurance v. LudwigIllinois Supreme Court · 1884
3Cited by5 opinions
- Gatta v. Philadelphia, Baltimore & Washington Railroad Co.Superior Court of Delaware · 1910
- Smith v. Illinois Power Co.Appellate Court of Illinois · 1935
- Henderson v. Moweaqua Coal Mining & Manufacturing Co.Appellate Court of Illinois · 1908
- McCray v. Moweaqua Coal Mining & Manufacturing Co.Appellate Court of Illinois · 1909
- Curtice v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916