Shedd v. Moran
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action on the case, brought by Thomas Moran against Edward A. Shedd and Charles B. Shedd, to recover damages for the death of plaintiff’s minor son, John I. Moran, caused, as is alleged, by the negligence of the defendants.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action on the case, brought by Thomas Moran against Edward A. Shedd and Charles B. Shedd, to recover damages for the death of plaintiff’s minor son, John I. Moran, caused, as is alleged, by the negligence of the defendants. It appears that said John I. Moran was killed at Sheffield, in the State of Indiana, on the 17th day of March, 1881. At that time the defendants were the proprietors of certain ice houses located at that place, and were engaged in cutting ice and storing the same in said…
1Opinion of the CourtBailey, J.
The right of a father to maintain an action for the death of his child, does not exist at common law, and as the plaintiff’s son was killed in the State of Indiana, the plaintiff’s right of action, if any exists, must arise under the laws of that State. Our own statute can have no application, and can be resorted to only for the purpose of showing that the foreign statute under which the plaintiff’s right of action is claimed, is not repugnant to the public policy of this State, as declared by the legislature.
The point is made by counsel for the defendants, and argued with great earnestness,…
2Cases cited2 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
3Cited by6 opinions
- Raisor v. Chicago & Alton Railway Co.Illinois Supreme Court · 1905
- Grinestaff v. New York Central RailroadAppellate Court of Illinois · 1929
- Hanna v. Grand Trunk Railway Co.Appellate Court of Illinois · 1891
- Chicago & E. I. R. R. v. RouseAppellate Court of Illinois · 1898
- Leman v. Baltimore & O. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1904
1 more not listed; retrieve them via the Exa API.