Chicago & Northwestern Railway Co. v. Button
Illinois Supreme Court
Writ of Error to the Circuit Court of Whiteside county; the Hon. William W. Heaton, Judge, presiding. This was an action on the case, by John Button and Elizabeth Button, his wife, against the Chicago and Northwestern Bail way Company, to recover for a personal injury to the wife.
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Writ of Error to the Circuit Court of Whiteside county; the Hon. William W. Heaton, Judge, presiding. This was an action on the case, by John Button and Elizabeth Button, his wife, against the Chicago and Northwestern Bail way Company, to recover for a personal injury to the wife. The declaration alleged, in substance, that plaintiffs were passengers on defendant’s railroad from Chicago to Sterling, and had paid their fare; that it was the duty of the company to convey plaintiffs to Sterling and there stop a reasonable time for them to get off the train without injury; that the defendant,…
1Opinion of the CourtJustice Scott
This action was to recover for personal injuries to the wife, and was brought in the names of the husband and wife. This Avas error. It has been repeatedly decided by this court that, for an injury to the Avife, in cases like this, the right of action is in the wife, and, by the practice which prevails under our statute, she alone must sue. C. B. and Q. R. R. Co. v. Dunn, 52 Ill. 260; Same v. Dickson, 67 Ill. 122.
On the remandment of the cause, the improper party, the husband, under the Practice act of 1872, may be dismissed out of the case and the cause proceed in the name of the party in…
2Cases cited3 opinions
- Chicago, Burlington & Quincy Railroad v. DunnIllinois Supreme Court · 1869
- Diversy v. KelloggIllinois Supreme Court · 1867
- Chicago, Burlington & Quincy Railroad v. DicksonIllinois Supreme Court · 1873
3Cited by3 opinions
- Roy v. King's EstateMontana Supreme Court · 1919
- Freeman v. PetersonSupreme Court of Colorado · 1909
- Schell v. WeaverAppellate Court of Illinois · 1906