Voorhees v. Chicago & Alton Railroad
Appellate Court of Illinois
Error to the Circuit Court of Jersey county; the Hon. Noeman • L. Jones, Judge, presiding. Heard in this court at the April term, 1917.
1Opinion of the CourtJustice Thompson
The special plea to which a demurrer was overruled is a plea of estoppel by verdict. The declaration in the suit of Voorhees, administrator of the estate of Mattie Byan, is identical with the first three counts of the declaration in this case except as to the name of the deceased. The deceased in this case was a boy under the age of 6 years. “While an action by a child of tender years for damages for injuries occasioned by the defendant’s negligence is not defeated in Illinois, by the fact that the parent having the care of the child at the time was guilty of contributory negligence, yet, if…
2Cases cited7 opinions
- Sarah v. ReadIllinois Supreme Court · 1882
- Galveston v. KutacTexas Supreme Court · 1889
- Ohnesorge v. Chicago City Railway Co.Illinois Supreme Court · 1913
- Mattoon Gas Light & Coke Co. v. DolanAppellate Court of Illinois · 1902
- Union Pac. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1895
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3Cited by17 opinions
- Hickman v. Southwest Dairy Suppliers, Inc.Nebraska Supreme Court · 1975
- Chamberlain v. Mo.-Ark. Coach Lines, Inc.Supreme Court of Missouri · 1945
- Price v. Southern Ry. Co.Supreme Court of Alabama · 1985
- S & S AUTOMOTIVE v. Checker Taxi Co.Appellate Court of Illinois · 1988
- NATIONAL BK. OF BLOOMINGTON v. PodgorskiAppellate Court of Illinois · 1978
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