Keilholz v. Chicago & North Western Railway Co.

This is an appeal from an order dismissing with prejudice plaintiff’s complaint for damages allegedly arising from a train-truck collision. A review of the history of the litigation is necessary to highlight the issues raised in this appeal. For convenience, this history will be presented in chronological order with the applicable law interspersed as it becomes involved.

1. On 2 April 1965, the train-truck collision occurred, in which plaintiff was injured.

2. In 1967, prior to the expiration of the two-year Statute of Limitation applicable to plaintiff’s cause of action (Ill. Rev. Stat. 1965,…