Byrne v. Marshall Field & Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Homer Abbott,'Judge, presiding. On May 17, 1907, John Byrne, administrator of the estate of Thomas P. Byrne, deceased, the appellee, secured a judgment for the sum of $5000 in the superior court of Cook county against Marshall Field & Co., appellant, for damages to the next of kin of appellee’s intestate.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Homer Abbott,'Judge, presiding. On May 17, 1907, John Byrne, administrator of the estate of Thomas P. Byrne, deceased, the appellee, secured a judgment for the sum of $5000 in the superior court of Cook county against Marshall Field & Co., appellant, for damages to the next of kin of appellee’s intestate. The deceased was killed on November 5, 1902, by the falling of a passenger elevator which he was operating in appellant’s retail store in the city of…
1Opinion of the CourtJustice Scott
It is said by appellant that the demurrer to the plea of the Statute of Limitations should have been overruled as the original counts failed to state a cause of action by reason of the omission of words stating explicitly that the parents and sisters mentioned as surviving the deceased were his next of kin, the amendments to the original counts being made and the additional counts being filed more than two years after the death of the deceased. The authorities upon which appellant relies hold that a declaration in a case of this character must aver that the deceased left a widow or next of…
2Cases cited1 opinion
- Chicago City Railway Co. v. HackendahlIllinois Supreme Court · 1900
3Cited by2 opinions
- McMasters v. Grand Trunk Railway Co.Appellate Court of Illinois · 1910
- Bartholomew v. Illinois Valley Railway Co.Appellate Court of Illinois · 1910