City of Evanston v. Richards
Illinois Supreme Court
Appear from the Branch Appellate Court for the First District;—-heard in .that court on appeal from the Superior Court of Cook county; the Hon. A. H. ChETrain, Judge, presiding.
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Appear from the Branch Appellate Court for the First District;—-heard in .that court on appeal from the Superior Court of Cook county; the Hon. A. H. ChETrain, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District affirming a judgment of the superior court of Cook county in favor of the appellee, and against appellant, for $1700 damages for personal injuries alleged to have been received by appellee in an accident upon a sidewalk of appellant which it is charged it permitted to remain in a defective condition. The declaration, as originally filed,…
1Opinion of the CourtJustice Hand
Appellant’s first proposition is, that the declaration, as amended, stated a new and different cause of action than that charged in the original declaration, and the amendment having been filed more than two years subsequent to the day the cause of action accrued, was barred by the Statute of Limitations, and that the trial court erred in sustaining the demurrer interposed by the appellant to such plea. If the amendment stated a new cause of action, the plea of the statute was a bar and the appellant’s contention would be correct. In Swift & Co. v. Madden, 165 Ill. 41, it is said (p. 45) :…
2Cases cited6 opinions
- Swift & Co. v. MaddenIllinois Supreme Court · 1897
- Indiana, Illinois & Iowa Railroad v. OtstotIllinois Supreme Court · 1904
- Cicero & Proviso Street Railway Co. v. BrownIllinois Supreme Court · 1901
- Town of Cicero v. BartelmeIllinois Supreme Court · 1904
- Village of Sheridan v. HibbardIllinois Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Alexander v. SullivanAppellate Court of Illinois · 1948
- Glover v. BergerWyoming Supreme Court · 1953
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1911
- McGuire v. Richard Guthmann Transfer Co.Illinois Supreme Court · 1908
- Gehrig v. Chicago & Alton RailroadAppellate Court of Illinois · 1916
8 more not listed; retrieve them via the Exa API.