{
  "id": 438680,
  "name": "John Reed, Executor of Andrew Seed, Plaintiff in Error, v. The Peoria and Oquawka Railroad Company",
  "name_abbreviation": "Reed v. Peoria & Oquawka Railroad",
  "decision_date": "1857-04",
  "docket_number": "",
  "first_page": "403",
  "last_page": "404",
  "citations": [
    {
      "type": "official",
      "cite": "18 Ill. 403"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:2a53d1762d4e2008",
    "word_count": 719
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  "last_updated": "2023-07-14T18:47:31.803188+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Reed, Executor of Andrew Seed, Plaintiff in Error, v. The Peoria and Oquawka Railroad Company."
    ],
    "opinions": [
      {
        "text": "Skinner, J.\nSeed sued the defendant in an action of trespass. The declaration contained two counts.\nI. For breaking and entering plaintiff\u2019s close, throwing down fences, breaking and treading down, eating up, destroying and carrying away the oats of the plaintiff\u2014one hundred acres. Driving off and carrying away, and causing to be driven off, carried away and dispersed and lost, one hundred hogs of the plaintiff, and other wrongs, etc.\n2. Same in substance.\nDefendant pleaded the general issue.\nAfter the commencement of the suit Seed died.\nHis death was suggested by his counsel, and Eeed, his executor, substituted as plaintiff.\nThe defendant entered a motion that the suit abate, which the court sustained. Plaintiff\u2019s attorney excepted.\nThe only question in the case is, whether the cause of action survives in favor of the executor.\nAt common law, causes of action for trespasses to person or to property, did not survive either in favor of or against personal representatives, or heirs. The statute of 4 Edw. III., Chap. 7, and which is in force in this state, is held to have changed the common law only so far as relates to injuries to personal property; and the statute of 3 and 4 William IT., which saves to personal representatives causes of action for trespasses to personal and real property, does not affect the common law as received in this country. 1 Chitty\u2019s PI. 68, 69 and 70.\nOur statute provides that actions shall not abate by the death of a sole plaintiff, \u201cif the cause of action survive to heirs, devisees, executors or administrators.\u201d Statutes 1836, Chap. 1, Sec. 7.\nThe statute has, therefore, left the survivorship of causes of action as the law was before, and by that law rights of action for trespasses to land did not survive.\nBut, it is contended, that the counts of the declaration, although for breaking and entering the plaintiff\u2019s dose, allege trespasses to personal property therein, and that, therefore, the cause of action to that extent, at least survives. In actions \u2018of trespass the plaintiff may declare for a wrongful breaking and entry of his dose, which is purely an injury to land, and, by way of aggravation, allege any other acts of trespass, upon the same occasion, committed therein to the land, the person, or personal property of the plaintiff, and recover damages for all. But if, in such case, he fails to establish the wrongful entry alleged, not having maintained the principal trespass or ground of action, he cannot recover for the consequences or incidents, as an assault and battery of his person, or injuries to his personal property therein.\nThe plaintiff, in actions of trespass, may join counts for trespass to land and for trespass to person, and to personal property, and in such case, each count being an independent cause of action, he may recover upon such counts as are sustained by proof, although he fail as to others.\nTire counts in this record are strictly for trespasses to land, alleging by way of aggravation, and not as the ground of action, other wrongs to the plaintiff, on the same occasion, upon the land committed and damages consequent thereon.\nActions for trespass to land are local, must be brought in the county where the land lies, by the common law, but actions for trespass to personal property and to person are transitory, and may be brought where the defendant may be found.\nThe rules here laid down are abundantly sustained by authority, and this court has no power to alter them. 1 Chitty\u2019s PI. 69, 70 and 410, 411; Saund. PI. and Ev. 1097; 2 Starkie\u2019s Ev. 813, 814; Williams v. Breedon, 1 Bos. and Pul. R. 329; Emerson v. Emerson, 1 Ventris R. 187; Ropps v. Baker, 4 Pick. R. 239.\nJudgment affirmed.",
        "type": "majority",
        "author": "Skinner, J."
      }
    ],
    "attorneys": [
      "H. H. Purple, for Plaintiff in Error.",
      "J. Manning, for Defendant in Error."
    ],
    "corrections": "",
    "head_matter": "John Reed, Executor of Andrew Seed, Plaintiff in Error, v. The Peoria and Oquawka Railroad Company.\nERROR TO PEORIA.\nActions of trespass for injuries to realty, do not survive, and cannot be sustained by an executor.\nThe motion to abate this suit was made before Davis, Judge, and was decided by him at March term, 1857, of the Peoria Circuit Court. The opinion gives an abstract of the case.\nH. H. Purple, for Plaintiff in Error.\nJ. Manning, for Defendant in Error."
  },
  "file_name": "0403-01",
  "first_page_order": 399,
  "last_page_order": 400
}