Chicago & Eastern Illinois Railroad v. O'Connor
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. Eollin S. Williamson, Judge, presiding. This was an action on the case, by Jeremiah O’Connor, against the Chicago-and Eastern Illinois Eailroad Company, brought to the March term, A. D. 1882, of the Superior Court of Cook county.
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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. Eollin S. Williamson, Judge, presiding. This was an action on the case, by Jeremiah O’Connor, against the Chicago-and Eastern Illinois Eailroad Company, brought to the March term, A. D. 1882, of the Superior Court of Cook county. The declaration contains two counts, which are as follows: First count—For that, whereas, the defendant, to-wit, on the 14th day of July, A. D. 1881, in Cook county, Illinois, was possessed of and using and operating a certain…
1Opinion of the CourtJustice Scholfield
We have carefully considered the several grounds urged for a reversal of the judgment below, and are of opinion that they are all untenable.
First—The action being for personal injuries caused by the negligence of the defendant, it is within the statute, a-nd survives. (Rev. Stat. 1874, chap. 3, sec. 123.) And there is nothing in Holton v. Daly, Admx. 106 Ill. 131, which holds to the contrary. Indeed, it is expressly therein recognized that such actions do survive upon the death of the plaintiff, and it was held, when the death is the result of the injuries for which the suit is brought, t'he…
Also in this document: Per curiam.
2Cases cited1 opinion
- Holton v. DalyIllinois Supreme Court · 1882
3Cited by67 opinions
- Chicago & Northwestern Railway Co. v. HansenIllinois Supreme Court · 1897
- Chicago & Alton Railroad v. HarringtonIllinois Supreme Court · 1901
- Cleveland, Cincinnati, Columbus & Indianapolis Railway Co. v. HarringtonIndiana Supreme Court · 1892
- Chicago & Alton Railroad v. FisherIllinois Supreme Court · 1892
- Terre Haute & Indianapolis Railroad v. VoelkerIllinois Supreme Court · 1889
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