Legal Opinion

Brink's Express Co. v. O'Donnell

Appellate Court of Illinois

Decided April 16, 1900PublishedCited by 6 opinions

Action in Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. John C. Carver, Judge, presiding. Heard in this court at the October term, 1899.

1Opinion of the Court

Mr. Presiding Justice Sears

delivered the opinion of the court.

But two questions are presented which are of controlling importance upon this appeal. The first is as- to the evidence .supporting the plea of' the statute of limitations. The second is as to the effect of the settlement with appellant made by Mr. Foster, as administrator of the intestate.

The plea of the statute of limitations, upon replication to which issue was joined, presented a complete bar to the action, so far as it was set up by the amended narr. and the new count, if that plea was sustained by the proof. The plea set up in…

2Cases cited16 opinions

  1. Simmons v. SaulSupreme Court of the United States · 1891
  2. City of Chicago v. BabcockIllinois Supreme Court · 1892
  3. Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
  4. Fish v. FarwellIllinois Supreme Court · 1895
  5. Thomas v. Fame InsuranceIllinois Supreme Court · 1883

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3Cited by6 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. GipeIndiana Supreme Court · 1903
  2. American Car & Foundry Co. v. AndersonCourt of Appeals for the Eighth Circuit · 1914
  3. Salomon v. PeopleAppellate Court of Illinois · 1900
  4. Bremer v. Lake Erie & Western RailroadAppellate Court of Illinois · 1924
  5. Hougland v. Avery Coal & Mining Co.Appellate Court of Illinois · 1910

1 more not listed; retrieve them via the Exa API.

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