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McDANIEL v. BULLARD

No. 39566.

34 Ill.2d 487 (1966)

216 N.E.2d 140

JOHN O. McDANIEL, SR., Admr., et al., Appellants, v. CHARLES N. BULLARD et al., Appellees.

Supreme Court of Illinois.

Rehearing denied May 18, 1966.

Attorney(s) appearing for the Case

LILIENSTEIN, KNUPPEL & GROSBOLL, of Petersburg, and KENNTH R. BOYLE, of Carlinville, for appellants.

HERBERT L. CANTRILL, BEN K. MILLER, STRUART DOBBS, and WALTER J. SIMHAUSER, all of Springfield, (OLSEN, CANTRILL & MILLER, and GILLESPIE, BURKE & GILLESPIE, of counsel,) for appellees.

Reversed and remanded.

Mr. CHIEF JUSTICE KLINGBIEL delivered the opinion of the court:

On this appeal we are asked to decide whether a pending action under the Wrongful Death Act abates upon the beneficiary's death from other causes, and if so, whether the abatement works a denial of the constitutional guaranty of a certain remedy for all injuries and wrongs.

The action was begun on behalf of Yvonne Ann McDaniel...

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