Maegerlein v. City of Chicago

Mr. Presiding Justice Baker

delivered the opinion of the court.

This is an appeal by the defendant from a judgment for $3,990, recovered in an action on the case for damages to the personal property of the plaintiff. The question presented relates to the plea of the five years’ Statute of Limitations to the amended third count of the declaration.

The original declaration, filed February 4,1904, contains two counts, each alleging that plaintiff was the owner of certain lots fronting on Mary street; that defendant wrongfully, etc., constructed an embankment across said Mary street, and thereby…