Walters v. City of Ottawa
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Edgar EldrEdge, Judge, presiding. On August 28, 1906, the appellee was injured by reason of a defective sidewalk over which she was passing, in the city of Ottawa.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Edgar EldrEdge, Judge, presiding. On August 28, 1906, the appellee was injured by reason of a defective sidewalk over which she was passing, in the city of Ottawa. On September 15 and 18, respectively, she filed with the city attorney and the city clerk the notices required by section 2 of tlie act of May 13, 1905, “concerning suits at law for personal injuries and against cities, villages and towns,” (Hurd’s Stat. 1908, p. 1185,) and on September 25 she…
1Opinion of the CourtJustice Dunn
We held in Erford v. City of Peoria, 229 Ill. 546, that the act in question is a -valid enactment, and that the giving of the notices required by it was a condition precedent to the right to bring a suit against the municipality, the performance of which must be averred and proved by the' plaintiff to enable him to maintain his suit. The rule of pleading is well established in this State that where a declaration fails to aver a cause of action, the beginning of the suit does not stop the running of the Statute of Limitations in favor of amended counts or additional counts which may be filed…
2Cases cited21 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Calumet Iron & Steel Co. v. MartinIllinois Supreme Court · 1885
- Erford v. City of PeoriaIllinois Supreme Court · 1907
- Davis v. MunieIllinois Supreme Court · 1908
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3Cited by108 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Brucker v. MercolaIllinois Supreme Court · 2007
- Lasko v. MeierIllinois Supreme Court · 1946
- City of Elmhurst v. KegerreisIllinois Supreme Court · 1945
- Minnis v. FriendIllinois Supreme Court · 1935
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