Nierodzinski v. City of Chicago

Mr. Justice John J. Sullivan

delivered the opinion of the court.

Plaintiff brought an action of the first class in the municipal court on September 15, 1928, against the City of Chicago to recover damages of $3,000 alleged to have been caused to his motor truck on May 17, 1928, by reason of defendant’s negligence in failing to keep the West Chicago avenue bridge in proper repair.

April 16, 1935, defendant moved to strike plaintiff’s amended statement of claim and to dismiss his action on the ground that the municipal court was without jurisdiction because the claim was in tort for damage to…