Devine v. Healy
Illinois Supreme Court
Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding.
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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This was an action brought on April 12, 1907, by James Reddick, administrator of the estate of Frank Riggs, deceased, in the superior court of Cook county, against defendant in error, Mary E. Healy, executrix of the will of John M. Healy, deceased, to recover damages for the death of the said Riggs, alleged to have been caused through the negligence of said John M. Healy. Later John E. Devine succeeded Reddick as…
1Opinion of the CourtJustice Scott
The only question presented for' determination is whether this action, brought exclusively for the benefit of • the next of kin pursuant to section 2 of chapter 70, Hurd’s Revised .Statutes of 1908, can be maintained against the executor of the alleged wrongdoer. At common law an action for a wrong of the character here charged abated upon the death of the person aggrieved or upon the death of the tort feasor. A change was effected in England by the passage of Lord Campbell’s act. (9 and 10 Victoria, chap. 93.) Thereafter, in 1853, our statute requiring compensation for causing death by…
2Cases cited9 opinions
- Holton v. DalyIllinois Supreme Court · 1882
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Hamilton v. JonesIndiana Supreme Court · 1890
- Davis v. NicholsSupreme Court of Arkansas · 1891
- McIntyre v. SholtyIllinois Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McDaniel v. BullardIllinois Supreme Court · 1966
- Hunt v. AuthierCalifornia Supreme Court · 1946
- Putnam v. SavageMassachusetts Supreme Judicial Court · 1923
- Bishop v. Chicago Railways Co.Illinois Supreme Court · 1922
- Fish v. LileySupreme Court of Colorado · 1949
19 more not listed; retrieve them via the Exa API.