Perry v. Carmichael
Illinois Supreme Court
Appeal from the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. In June, 1859, Marshall H. Began (then a resident of Illinois) and his wife, Lucinda M. Began, and their daughter, Marian Began, were traveling in Indiana on the Michigan Southern and Northern Indiana railroad, when the wife and daughter were both killed in what was known as the “ Mishawaukee accident,” as was claimed, by the wrongful act or omission of the railroad company.
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Appeal from the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. In June, 1859, Marshall H. Began (then a resident of Illinois) and his wife, Lucinda M. Began, and their daughter, Marian Began, were traveling in Indiana on the Michigan Southern and Northern Indiana railroad, when the wife and daughter were both killed in what was known as the “ Mishawaukee accident,” as was claimed, by the wrongful act or omission of the railroad company. By a statute of Indiana, in force at that time, it was provided in section 27 that a father * * * may maintain an action for the…
1Opinion of the CourtJustice Dickey
Appellant, by his counsel, insists that, under the statutes of Indiana, no right of action was vested in him, as administrator,' to receive any part, of the fund in question. As to that part of the fund paid on account of the death of Lucinda M. Regan, we think the right of action, by the Indiana statute, was placed in appellant, and it is only as to this part of the fund he is charged by the decree. On this ground he has no just cause to complain.
Appellant also contends that, inasmuch as he did not in fact himself receive any part of this fund, and had no active agency in the bringing of the…
2Cited by21 opinions
- Bedford v. BedfordIllinois Supreme Court · 1891
- Paskewie v. East St. Louis & Suburban Railway Co.Illinois Supreme Court · 1917
- Strong v. HodgesAppellate Court of Illinois · 1951
- Bernard v. MerrillSupreme Judicial Court of Maine · 1898
- Miller v. PinkneyAppellate Court of Illinois · 1911
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