(DOWNLOAD) "Amann v. Faidy" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Amann v. Faidy
- Author : Supreme Court of Illinois
- Release Date : January 20, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Rehearing denied September 21, 1953. The question in this case is whether there can be recovery for the wrongful death of a child who was negligently injured en ventre sa mere and who, after his birth, died as a result of those injuries. Because the Wrongful Death Act allows recovery only where the ""act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages"" (Ill. Rev. Stat. 1951, chap. 70, par. 1,) the result depends upon the right of one negligently injured en ventre sa mere to recover for those injuries. Holding that such an action would not lie, the circuit court of Lake County sustained a motion to strike the count of the complaint which asserted it, and entered judgment for the defendant on that count. The Appellate Court for the Second District first reversed, and then, upon the ground that modification of existing precedent was more appropriately the function of the court of last resort, allowed a rehearing and affirmed. (Amann v. Faidy, 348 Ill. App. 37.) We granted leave to appeal.
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