Peden v. American Bridge Co.

Citations

• 120 F. 523
• 1903 U.S. App. LEXIS 5288

Syllabus

<p>1. Death — Declaration—Allegation of Damages.</p> <p>Where, in an action for death by decedent’s administrator, the declaration alleged that decedent left, him surviving, his widow and four children, and contained the usual allegation of damages to plaintiff as administrator, it was not objectionable for failure to allege damages sustained by the next of kin; damages to the wife and children being presumed.</p> <p>2. Same — Defects Available after Verdict.</p> <p>Under Rev. St. Ill. c. 7, § 6, par. 9, providing that judgment shall not be arrested after verdict by reason of want of any allegation or aver ment on account of which omission a special demurrer could have been sustained, where no demurrer was interposed to a declaration for wrongful death, and the jury, found that decedent’s next of kin had sustained substantial damages by reason of defendant’s negligence, a judgment on the verdict could not be arrested on the ground that the declaration did not allege damage to the next of kin.</p> <p>¶ 1. See Death, vol. 15, Cent. Dig. § 69.</p>