Western Stone Co. v. Earnshaw
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Donne, Judge, presiding. Heard in this court at the March term, 1901. Statement. — Appellee brought this action to recover damages for personal injury sustained by him while in the employ of appellant, and caused, it is alleged, through the negligence of appellant.
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Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Donne, Judge, presiding. Heard in this court at the March term, 1901. Statement. — Appellee brought this action to recover damages for personal injury sustained by him while in the employ of appellant, and caused, it is alleged, through the negligence of appellant. The particular negligence which it is sought to establish as the ground of the action is a failure of appellant to place a sufficient number of openings as windows of a building in which appellee was obliged to work while…
1Opinion of the CourtJustice Seabs
We are of the opinion that the learned trial court properly sustained the demurrer of appellee to the plea of the statute of limitations which was interposed to the additional count of the declaration.
The gist of the negligence set'up as a ground of action was the same in the additional count as in the original declaration. The addition in the former of an allegation of complaint by appellee and promise to repair by appellant, did not present a new cause of action. The additional count was merely a re-statement of the cause of action set up by the original declaration. Therefore the statute…
2Cases cited4 opinions
- Braun v. CravenIllinois Supreme Court · 1898
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
- Pardridge v. GilbrideAppellate Court of Illinois · 1901
- Craven v. BraunAppellate Court of Illinois · 1898