78 Ill. 55 (Ill. 1875), The Ohio & M. R. Co. v. Lackey

Citation:78 Ill. 55
Opinion Judge:Mr. Justice Breese.
Party Name:THE OHIO AND MISSISSIPPI RAILWAY COMPANY v. JAMES C. LACKEY
Attorney:Mr. H. P. BUXTON, for the appellant.
Court:Supreme Court of Illinois

Page 55

78 Ill. 55 (Ill. 1875)

THE OHIO AND MISSISSIPPI RAILWAY COMPANY

v.

JAMES C. LACKEY

Supreme Court of Illinois, Southern Grand Division

June, 1875

APPEAL from the Circuit Court of Marion county; the Hon. SILAS L. BRYAN, Judge, presiding.

Judgment reversed.

Mr. H. P. BUXTON, for the appellant.

OPINION

Mr. Justice Breese.

Page 56

This is an appeal from the judgment of the Marion circuit court, rendered at the October term, 1870, upon the following agreed state of facts:

"It was agreed in this case that, during the year 1869, three persons were run over and killed by trains on the railroad of appellant, in Marion county, and the appellee, being coroner of said county at the time, held an inquest in each case, the expenses of which, together with the costs of burial, amount, in the aggregate, to $ 91.15; that if appellant was, in law, liable to appellee, upon the facts stated, for the above amount, then judgment should be rendered in favor of appellee therefor, and if not so liable, then judgment should be for appellant, with the right to either party to appeal."

In 1855, the General Assembly of this State passed an act entitled "An act to provide for the burial of the dead occurring on railroads, and in or by vehicles carrying passengers," in the second section of which act it is provided that "every railroad company running cars within this State shall be liable for all the expense of the coroner and his inquest, and the burial of all persons who may die on the cars, or who may be killed by collision, or other accident occurring to such cars, or otherwise; and any coroner, city, town or person who shall take charge of and decently inter any such body or corpse, or cause an inquest to be held over such corpse, shall have cause of action against such company, before any court having competent jurisdiction." Sess. Laws 1855, p. 170; Scates' Comp. 423.

Page 57

It is insisted by appellant, that this statute is not within the constitutional competency of the General Assembly to enact, as it places the burden of these expenses upon the railroad companies, which, in other cases of like nature, is placed upon the estate of the deceased, or upon the county in which the accident may occur. This is the general law. R. S. 1845, ch. 99, title, "Sheriffs and Coroners," sec. 23; R. S. 1874, sec. 21, title, "Coroners."

It may...

To continue reading

FREE SIGN UP