{
  "id": 2418900,
  "name": "Mary Ann Wehr v. James W. Brooks, Executor",
  "name_abbreviation": "Wehr v. Brooks",
  "decision_date": "1886-08-26",
  "docket_number": "",
  "first_page": "115",
  "last_page": "115",
  "citations": [
    {
      "type": "official",
      "cite": "21 Ill. App. 115"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "73 Ill. 214",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5318021
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/73/0214-01"
      ]
    },
    {
      "cite": "79 Ill. 594",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2685900
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/79/0594-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T19:33:21.717522+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mary Ann Wehr v. James W. Brooks, Executor."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nPlaintiff in error sued the deceased, in case, to recover damages for personal injuries by a cow alleged to have been kept by him with knowledge that she was vicious. Upon his death, after service of process and before trial, his executor was made defendant in his stead. There was' a verdict for the plaintiff which the court set aside, whereupon the executor obtained leave to withdraw the pleas and then moved for judgment that the suit abate, because of the death of the original defendant since it was commenced, which was also allowed and the judgment entered.\nThis was error, the common-law rule being changed by See. 123 of Ch. 3 of the E. S., providing that \u201c in addition to the actions which survive by the common law, the following shall also survive actions of replevin, actions to recover damages for an injury to the person,\u201d and others mentioned. This survivorship is not limited as to parties; that it.applies in the case of the death of plaintiff was expressly held in Murphy v. McGrath, 79 Ill. 594; and in that of the death of defendant clearly implied in Knox v. City of Sterling, 73 Ill. 214.\nPor this error the judgment is reversed and the cause remanded.\nReversed and remxmded.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Messrs. Orendoref & Patton, for plaintiff in error.",
      "No counsel appeared for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Mary Ann Wehr v. James W. Brooks, Executor.\nAction for Personal Injuries \u2014 Survivorship\u2014Statute\u2014Parties.\nUnder See. 123, Ch. 3, R. S., a right of action to recover damageslor an injury to the person survives. This survivorship applies in case of the death of the defendant as well as that of the death of the plaintiff.\n[Opinion filed August 26, 1886.]\nIn error to the Circuit Court of Sangamon County; the Hon. Jesse J. Phillips, Judge, presiding.\nMessrs. Orendoref & Patton, for plaintiff in error.\nNo counsel appeared for defendant in error."
  },
  "file_name": "0115-01",
  "first_page_order": 111,
  "last_page_order": 111
}