Wabash Railroad v. Bhymer
Appellate Court of Illinois
Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Arthur H. Ghetlain, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1902.
1Opinion of the CourtJustice Stein
First. The correctness of the court’s ruling in sustaining the demurrer to the plea of the Statute of Limitations to the third and fourth additional counts depends upon whether the counts introduced a new cause of action or were merely a restatement of the cause of action previously declared on. If the former, the demurrer should have been overruled; if the latter, it was properly sustained. C. C. Ry. Co. v. Leach, 182 Ill. 364.
The argument is that by these counts appellee for the first time charges negligence in the operation of the first train. If this be so, the action of the court was…
2Cases cited11 opinions
- Chicago & Alton Railroad v. HarringtonIllinois Supreme Court · 1901
- Hartley v. Chicago & Alton RailroadIllinois Supreme Court · 1902
- Chicago & Alton Railroad v. O'BrienIllinois Supreme Court · 1895
- Ohio & Mississippi Railway Co. v. RobbAppellate Court of Illinois · 1890
- Klees v. Chicago & E. I. R. R.Appellate Court of Illinois · 1896
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