Legal Opinion

Illinois Central Railroad v. Cox

Illinois Supreme Court

Decided November 15, 1858PublishedCited by 20 opinions

This action was instituted by the appellee against the appellant, in the Union Circuit Court. The declaration was in case, and contained five counts, setting forth that the appellant, being the owner of the Illinois Central Railroad, and the locomotives, engines and cars running thereon, did, by and through its servants and employees, so carelessly misdirect and mismanage a locomotive and cars, running on said railroad, as to carelessly, negligently and unskillfully cause a…

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This action was instituted by the appellee against the appellant, in the Union Circuit Court. The declaration was in case, and contained five counts, setting forth that the appellant, being the owner of the Illinois Central Railroad, and the locomotives, engines and cars running thereon, did, by and through its servants and employees, so carelessly misdirect and mismanage a locomotive and cars, running on said railroad, as to carelessly, negligently and unskillfully cause a collision, whereby one Othneile Cox, who was employed as a servant on said cars by defendant, was killed; to the damage…

1Opinion of the CourtBreese, J.

This action is brought under the first section of the act entitled, “ An act requiring compensation for causing death by wrongful act, neglect or default,” approved Feb. 12, 1853. Scates’ Comp. 422.

That section is in these words: “ Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, and recover damages in respect thereof, then, and in every such case, the person who, or company or corporation which would have been liable if death had…

2Cited by20 opinions

  1. Saldana v. Wirtz Cartage Co.Illinois Supreme Court · 1978
  2. Kean v. Detroit Copper & Brass Rolling MillsMichigan Supreme Court · 1887
  3. Indiana Iron Co. v. CrayIndiana Court of Appeals · 1897
  4. Karl L. Pomer and Claire L. Pomer v. Dennis Schoolman and James King, Counterplaintiffs-Appellants v. Deere & Company, Counterdefendant-AppelleeCourt of Appeals for the Seventh Circuit · 1989
  5. Chicago & North-Western Railway Co. v. DonahueIllinois Supreme Court · 1874

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