Rhoads v. Chicago & Alton Railroad
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Logan county; the Hon. T. M. Harris, Judge, presiding. Appellants, as administrators of the estate of A. J. Barr, brought an action in the circuit court of Logan county to recover damages for the death of their intestate, alleging that it was caused by the negligence and recklessness of appellee.
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Appeal from the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Logan county; the Hon. T. M. Harris, Judge, presiding. Appellants, as administrators of the estate of A. J. Barr, brought an action in the circuit court of Logan county to recover damages for the death of their intestate, alleging that it was caused by the negligence and recklessness of appellee. The railroad of appellee extends from Chicago to East St. Louis, passing through McLean county in a south-westerly direction, through the city of Bloomington and town of Normal. Near…
1Opinion of the Court
Mr. Justice; CarTe;r
delivered the opinion of the court:
The sole question urged on this appeal is the giving and refusal of the instructions referred to in the statement. Appellants contend that it is not the law of this State that where the next of kin are collateral kindred of the deceased and have received no pecuniary aid from him' they can only recover nominal damages for his death, and that this court has never so held. The law upon which this action is based was passed by the legislature in substantially its present form in 1853. (Hurd’s Stat. 1905, chap. 70, p. 1152.) As our statute is…
2Cases cited8 opinions
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
- Chicago & Alton Railroad v. ShannonIllinois Supreme Court · 1867
- Chicago & Rock Island Railroad v. MorrisIllinois Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Cates v. CatesIllinois Supreme Court · 1993
- Howlett v. DoglioIllinois Supreme Court · 1949
- Wilson v. TromlyIllinois Supreme Court · 1949
- Wilcox v. BierdIllinois Supreme Court · 1928
- Pekin Ins. Co. v. Estate of GobenAppellate Court of Illinois · 1999
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