Deering v. Barzak
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an action on the case for a personal injury, in which Anton Barzak, appellee, recovered $5000 damages against appellants, doing business as the Deering Harvester Company, in the superior court of Cook county, which judgment, upon appeal to the Appellate Court for the First District, has been affirmed, and the cause has been removed to this court by this further appeal. Appellee was injured while in the employ of…
1Opinion of the CourtJustice Vickers
First—It is contended by appellants that the court below erred in sustaining the demurrer to the plea of the Statute of Limitations. This contention is based upon the assumption that the amended count stated a new and different cause of action from that stated in the original declaration. This contention cannot be sustained. The gist of the cause of action in the original declaration, and also in the amended second count, is, that appellants negligently failed to use reasonable care to furnish appellee a reasonably safe place to do the work required of him by the order of appellants’ foreman.…
2Cases cited7 opinions
- Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
- Swift & Co. v. MaddenIllinois Supreme Court · 1897
- Postal Telegraph-Cable Co. v. LikesIllinois Supreme Court · 1907
- Chicago & Iowa Railroad v. RussellIllinois Supreme Court · 1878
- Frizell v. ColeIllinois Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ratner v. Chicago City Railway Co.Illinois Supreme Court · 1908
- Posch ex rel. Deming v. Chicago Railways Co.Appellate Court of Illinois · 1921
- Shaw v. Chicago, Rock Island & Pacific Railway Co.Appellate Court of Illinois · 1912
- Gough v. Illinois Central Traction Co.Appellate Court of Illinois · 1913
- American Rolling Mill Corp. v. KnoxAppellate Court of Illinois · 1908
4 more not listed; retrieve them via the Exa API.