Spoor v. Q & C Co.

BARNES, District Judge.

In the briefs of the parties, which were filed subsequent to the oral argument, the question came down to this: Which statute of limitation applies, the 5 year statute or the 10 year statute ?

The defendant relies particularly upon the case of Knight v. St. Louis, I. M. & S. R. Co., 141 Ill. 110, 30 N.E. 543. That was an action by an assignee of a bill of lading against the railroad company for a breach of the duty to carry safely. The action was instituted by the assignee in his own name at a time prior to the passage in Illinois of the statute authorizing the real…