Consolidated Coal Co. v. Dombroski
Appellate Court of Illinois
Trespass on the Case.—Death by negligent act. Appeal from the Circuit Court of St. Clair County; the Hon. Martin W. Schaefer, Judge presiding. Heard in this court at the August term, 1902. This suit is by Karolina Dombroski, alleged widow of James Dombroski, deceased, to recover for his death, which occurred July 3, 1901, in the coal mine of appellant, in St. Clair county.
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Trespass on the Case.—Death by negligent act. Appeal from the Circuit Court of St. Clair County; the Hon. Martin W. Schaefer, Judge presiding. Heard in this court at the August term, 1902. This suit is by Karolina Dombroski, alleged widow of James Dombroski, deceased, to recover for his death, which occurred July 3, 1901, in the coal mine of appellant, in St. Clair county. The deceased was employed as a shooter and loader, and while so engaged was killed by the fall of a piece of slate about nine feet long, five feet wide, and from six to eight inches thick. The suit is brought under the…
1Opinion of the CourtJustice Worthington
Appellant urges that the declaration having alleged that the deceased left six children, and the suit being brought in the name of the widow alone, without naming the children, that the suit is improperly brought. There is nothing in this objection. We do not regard this as an open question!, considering the statute and the decisions of the courts construing it. In case of death (Chap. 93, Sec. 14, Starr & Curtis) the statute provides that “ a right of action shall accrue to the widow of the person so killed, his lineal heirs or adopted children, or to any other persons or person,” etc.
The…
2Cases cited7 opinions
- Mt. Olive & Staunton Coal Co. v. RademacherIllinois Supreme Court · 1901
- Litchfield Coal Co. v. TaylorIllinois Supreme Court · 1876
- Beard v. SkeldonIllinois Supreme Court · 1885
- Donk Bros. Coal & Coke Co. v. PetonIllinois Supreme Court · 1901
- Willis Coal & Mining Co. v. GrizzellIllinois Supreme Court · 1902
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