(DOWNLOAD) "Hall v. Gillins" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Hall v. Gillins
- Author : Supreme Court of Illinois
- Release Date : January 24, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Owen Hall was fatally injured in an automobile collision. Grace Hall, his widow, and James Hall, his surviving nine-year-old
son, by his mother as next friend, filed the complaint in this case. They alleged that the collision was due to the negligence
of the defendant, and that as a direct result of that negligence each plaintiff was deprived of the support, companionship,
guidance, advice and affection of the husband and father. The widow requested damages of $142,450; the son $47,500. The trial
court dismissed the complaint on defendant's motion. On this direct appeal the plaintiffs argue that they possess "hitherto unrecognized common law rights of action for the destruction
of the family unit" which are distinct and wholly different from the wrongful death action provided by statute. (Ill. Rev.
Stat. 1957, chap. 70, pars. 1, 2.) They contend that their rights of action cannot be barred by the Wrongful Death Act because
section 19 of article II of our constitution provides that "Every person ought to find a certain remedy in the laws for all
injuries and wrongs which he may receive in his person, property or reputation; * * *." That provision, they say, means a
complete and adequate remedy, which the Wrongful Death Act does not provide.
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