United Breweries Co. v. O'Donnell
Appellate Court of Illinois
Action on the case for death caused by alleged wrongful act. Appeal from the Circuit Court of Cook County; the Hon. Frederick A. Smith, Judge, presiding. Heard in this court at the October term, 1904.
1Opinion of the CourtJustice Ball
Appellant contends that the declaration is defective in that it contains no allegation that the next of kin, who had the custody and control of the deceased and for whose benefit this action was brought, were in the exercise of due care and caution for the welfare of the deceased.
Had appellant demurred to the declaration because of this omission, the demurrer would have been well taken. Instead of so doing, it filed the general issue. This defect is one that is cured by verdict. The law is that when anything is omitted from the declaration which must be proved in order that the plaintiff may…
2Cases cited4 opinions
- Chicago City Railway Co. v. MatthiesonIllinois Supreme Court · 1904
- People ex rel. Partello v. McCulloughIllinois Supreme Court · 1904
- Cicero & Proviso Street Railway Co. v. BrownIllinois Supreme Court · 1901
- Chicago City Ry. Co. v. BohnowAppellate Court of Illinois · 1903
3Cited by1 opinion
- Spousta v. BergerAppellate Court of Illinois · 1923