Harkin v. Ferro Concrete Construction Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. William Fenimore Cooper, Judge, presiding.
1Opinion of the CourtJustice Gridley
Counsel for plaintiff contend that the judgment is erroneous because the court erred in striking from the files the declaration filed October 28, 1910, and the argument is that this should not have been done for the reason that the declaration did not set up a new and different cause of action from that disclosed in the declaration filed April 22, 1910; that inasmuch as Paul Schmidt died as a result of the injuries the cause of action is the same after his death as it was before his death; and that where the cause of action is the same, amendments pertaining thereto are properly allowed.
Counse…
2Cases cited10 opinions
- Holton v. DalyIllinois Supreme Court · 1882
- Chicago & Eastern Illinois Railroad v. O'ConnorIllinois Supreme Court · 1886
- Mooney v. City of ChicagoIllinois Supreme Court · 1909
- Ohnesorge v. Chicago City Railway Co.Illinois Supreme Court · 1913
- Prouty v. City of ChicagoIllinois Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Vukovich v. CusterIllinois Supreme Court · 1953
- Vukovich v. CusterAppellate Court of Illinois · 1952
- Sims v. City of MolineAppellate Court of Illinois · 1921
- Susemiehl v. Red River Lumber Co.Appellate Court of Illinois · 1940
- Pease v. Rockford City Traction Co.Appellate Court of Illinois · 1917
2 more not listed; retrieve them via the Exa API.