Swift & Co. v. Madden
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. This was an action brought by Peter Madden, against Swift & Co., a corporation in Chicago engaged in the slaughtering and packing business, to recover damages resulting from a personal injury received while in the service of the company.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. This was an action brought by Peter Madden, against Swift & Co., a corporation in Chicago engaged in the slaughtering and packing business, to recover damages resulting from a personal injury received while in the service of the company. The first declaration filed by the plaintiff consisted of oné count, to which the defendant filed a general demurrer. The demurrer was confessed, and on November 28; 1892, plaintiff filed…
1Opinion of the CourtJustice Craig
The plaintiff received the injury complained of on June 6, 1892, and the additional count to which the Statute of Limitations was pleaded was not filed until June 23, 1894,—more than two years after the injury was received and more than two years after plaintiff’s cause of action accrued. If plaintiff had brought no action until June 23, 1894, when he filed his additional counts, his action would have been barred by the Statute of Limitations; and it is also true that a new cause of action, distinct from that set out in the declaration, cannot be brought into the case by an additional count…
2Cases cited3 opinions
- Missouri Furnace Co. v. AbendIllinois Supreme Court · 1883
- Atchison, Topeka & Santa Fe Railroad v. FeehanIllinois Supreme Court · 1893
- Phelps v. Illinois Central RailroadIllinois Supreme Court · 1880
3Cited by49 opinions
- Mooney v. City of ChicagoIllinois Supreme Court · 1909
- Milauskis v. Terminal RailroadIllinois Supreme Court · 1919
- Swift & Co. v. RutkowskiIllinois Supreme Court · 1899
- Manthei v. HeimerdingerAppellate Court of Illinois · 1947
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
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