Legal Opinion · Concurring in part, dissenting in part

Hartray v. A. T. Willett Co.

Appellate Court of Illinois

Decided February 20, 1924No. Gen. No. 27,987Published

1Concurring in part, dissenting in partJustice Thomson

In my opinion, the plea of the statute of limitations, interposed, by the defendant, to the plaintiff’s amended declaration was a good plea, and therefore I believe the trial court erred in sustaining plaintiff’s demurrer to that plea.

To set forth a good cause of action, a plaintiff must allege, not only that the defendant has been guilty of certain alleged acts of negligence, but also that such negligence caused the injuries complained of or the damages sought to be recovered. In the four counts of the original declaration, filed by the plaintiff in the case at bar, he complained of the…

2Cases cited10 opinions

  1. Postal Telegraph-Cable Co. v. LikesIllinois Supreme Court · 1907
  2. Linquist v. HodgesIllinois Supreme Court · 1911
  3. Lasher v. LittellIllinois Supreme Court · 1903
  4. Pierson v. Lyon & HealyIllinois Supreme Court · 1909
  5. St. Louis, Belleville & Suburban Co. v. HopkinsAppellate Court of Illinois · 1902

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