Legal Opinion

Chicago Terminal Transfer R. R. Co. v. Helbreg

Appellate Court of Illinois

Decided January 21, 1902PublishedCited by 3 opinions

Trespass on the Case. — Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Maecus Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900.

1Opinion of the CourtJustice Shepard

Omitting all consideration of the questions of negligence by the railwaj company or of contributory negligence by the deceased, raised by the record before us, we think the judgment of the Superior Court should be reversed for other reasons shown.

It has been held, from the time of the earliest decisions by our Supreme Court on the statute, until now, that the fact whether the deceased left a widow or next of kin,

' must be alleged in the declaration and proved as alleged. Chicago & Rock Island R. R. v. Morris, 26 Ill. 400; Quincy Coal Company v. Hood, 77 Ill. 68; Lake Shore & M. S. Ry. Co. v.…

2Cases cited10 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. HessionsIllinois Supreme Court · 1894
  2. Chicago & Rock Island Railroad v. MorrisIllinois Supreme Court · 1861
  3. Quincy Coal Co. v. HoodIllinois Supreme Court · 1875
  4. Chicago, Peoria & St. Louis Railroad v. WoolridgeIllinois Supreme Court · 1898
  5. Illinois Central Railroad v. BachesIllinois Supreme Court · 1870

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3Cited by3 opinions

  1. Henderson v. DreyfusNew Mexico Supreme Court · 1919
  2. Chicago Electric Transit Co. v. KinnareAppellate Court of Illinois · 1904
  3. Hougland v. Avery Coal & Mining Co.Appellate Court of Illinois · 1910

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