Bahr v. National Safe Deposit Co.
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. Arthur Bahr, as administrator of the estate of Bruno O. Bahr, deceased, commenced a suit in the superior court of Cook county against the National Safe Deposit Company to recover damages for the death of Bruno O. Bahr, which it is alleged resulted from the negligence of defendant.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. Arthur Bahr, as administrator of the estate of Bruno O. Bahr, deceased, commenced a suit in the superior court of Cook county against the National Safe Deposit Company to recover damages for the death of Bruno O. Bahr, which it is alleged resulted from the negligence of defendant. On January 31, 1906, a declaration, consisting of three counts, was filed, the first count of which is as follows: “For that whereas the…
1Opinion of the CourtJustice Vickers
The rule is established in this State that the Statute of Limitations expiring after the commencement of an action bars recovery upon an amended pleading afterwards put in, where the original pleading fails to state a cause of action; or, stated in other words, the rule is, that when a plaintiff, in his original declaration filed before the Statute of Limitations has run against his cause of action, fails to aver any cause of action whatever, and afterwards, when the statute has run, files an amended declaration with new and additional counts which do set up a cause of action, such new counts…
2Cases cited4 opinions
- Faris v. HobergIndiana Supreme Court · 1893
- Eylenfeldt v. Illinois Steel Co.Illinois Supreme Court · 1896
- Ayers v. City of ChicagoIllinois Supreme Court · 1884
- Schueler v. MuellerIllinois Supreme Court · 1901
3Cited by19 opinions
- Walters v. City of OttawaIllinois Supreme Court · 1909
- Milauskis v. Terminal RailroadIllinois Supreme Court · 1919
- Allis-Chalmers Manufacturing Co. v. City of ChicagoIllinois Supreme Court · 1921
- Stamey v. Rutherfordton Electric Membership Corp.Supreme Court of North Carolina · 1958
- Boudreaux v. Tucson Gas, Electric Light & Power Co.Arizona Supreme Court · 1911
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