Barron v. Illinois Cent. R.
United States Circuit Court
At law. This was an action under the; statute of February 12, 1853, brought by William T. Barron, executor, to recover damages for the death of William Barron, who was killed on the 8th of January, 1862, between Hyde Bark and Chicago, while a passenger on the cars of [the defendant] the Illinois Central Railroad [Company. A demurrer to the declaration was overruled. Case No. 1,052. The hearing is now on the merits. Verdict and judgment for plaintiff.
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At law. This was an action under the; statute of February 12, 1853, brought by William T. Barron, executor, to recover damages for the death of William Barron, who was killed on the 8th of January, 1862, between Hyde Bark and Chicago, while a passenger on the cars of [the defendant] the Illinois Central Railroad [Company. A demurrer to the declaration was overruled. Case No. 1,052. The hearing is now on the merits. Verdict and judgment for plaintiff. This was afterwards affirmed by the supreme court in Illinois Cent. B, Co. v. Barron, 5 Wall. (72 U. S.) 90.] The statute reads as…
1Opinion of the Court
DAVIS, Circuit Justice,
(charging jury.) By the common law this action could not be sustained.
In 1853 a statute was passed in this state giving a right of action wherever death is caused by the act of a person or corporation, where if death had not ensued the party injured would have been entitled to sue. The act also provides, that the action shall be brought by the personal representatives of the deceased, and the amount recovered shall be for the exclusive benefit of the widow and the next of kin, and that the jury may give such damages as they shall deem a just and fair compensation with…
2Cases cited6 opinions
- Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
- Chicago, St. Paul & Fond du Lac Railroad v. McCarthyIllinois Supreme Court · 1858
- Ohio & Mississippi Railroad v. DunbarIllinois Supreme Court · 1858
- Colegrove v. New York & Harlem RailroadThe Superior Court of New York City · 1857
- Chicago v. WhippleIllinois Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- City of Wabash v. CarverIndiana Supreme Court · 1891