Legal Opinion

Toledo, Wabash & Western Railway Co. v. Brooks

Illinois Supreme Court

Decided January 15, 1876PublishedCited by 28 opinions

Wbit of Ebbob to the Circuit Court of Champaign county; the Hon. J. C. Alley, Judge, presiding. This was an action on the case, by Julia A. Brooks, administratrix of the estate of William H. Brooks, deceased, against the Toledo, Wabash and Western Railway Company, to recover damages for causing the death of plaintiff’s husband and intestate, through negligence. A trial was had, resulting in a verdict and judgment in favor of plaintiff, for $3166.

1Opinion of the CourtJustice Walker

In this case the record discloses a conflict of evidence whether defendant in error was married to deceased in his lifetime. She testified she had been and was his wife at the time of his decease. It is claimed that she made contradictory statements as to' when the marriage occurred and the place of its celebration; also, that the marriage register at Detroit, Michigan, where she located its ratification, showed no such marriage, nor could the minister who she says performed the ceremony be found, nor could persons be found in the city who knew Mm or had heard of his residence there, at any…

2Cases cited2 opinions

  1. Conant v. GriffinIllinois Supreme Court · 1868
  2. Ohio & Mississippi Railroad v. MuhlingIllinois Supreme Court · 1861

3Cited by28 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. ThompsonIndiana Supreme Court · 1886
  2. Illinois Central Railroad v. LeinerIllinois Supreme Court · 1903
  3. Bremer v. L. E. W. R. R. Co.Illinois Supreme Court · 1925
  4. Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
  5. Chicago & Alton Railroad v. MichieIllinois Supreme Court · 1876

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