Brown v. Burdick

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

This is an appeal from an order dismissing plaintiffs second complaint. Plaintiff claims that his second suit was not barred by the statute of limitations, that the dismissal of the initial suit (for want of prosecution) was not grounds for dismissing the second suit, and dismissal of the prior suit during pendency of the second suit removed any grounds for a plea of abatement.

Plaintiff was injured on October 25, 1964, and filed his original action on October 25, 1966, the last day before the running of the statute of limitations…