Illinois Cent. R. v. Norris
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern District of Illinois. Action by Maude Norris, administratrix of the estate of Herbert Norris, deceased, against the Illinois Central Railroad Company. There was a judgment for plaintiff, and defendant brings error. Action for damages arising out of the death of Herbert Norris. Verdict and judgment for defendant in error, herein called the plaintiff.
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In Error to the District Court of the United States for the Eastern District of Illinois. Action by Maude Norris, administratrix of the estate of Herbert Norris, deceased, against the Illinois Central Railroad Company. There was a judgment for plaintiff, and defendant brings error. Action for damages arising out of the death of Herbert Norris. Verdict and judgment for defendant in error, herein called the plaintiff. Herbert Norris, a brakeman employed by plaintiff in error, herein called the defendant, died as a result of injuries received while occupied in the line of his employment on a…
1Opinion of the CourtEvans, Circuit Judge
(after stating the facts as above). [1] Defendant contends that the liability created by Act April 22, 1908, c. 149, § 1 (Comp. St. 1916, § 8657), is barred in the instant case, because the personal representatives of the deceased failed to bring this action within two years from the date the cause of action accrued. It admits the declaration was filed within two years from the date of Norris’ death, yet it is claimed, the original declaration being insufficient to state a cause of action, the statute of limitations was not tolled until the amended and sufficient declaration was filed. It is…
2Cases cited4 opinions
- McAndrews v. Chicago, Lake Shore & Eastern Railway Co.Illinois Supreme Court · 1906
- Allen v. United States Fidelity & Guaranty Co.Illinois Supreme Court · 1915
- Lawler v. CouchIndiana Supreme Court · 1881
- Anheuser-Busch Brewing Ass'n v. BondCourt of Appeals for the Eighth Circuit · 1895
3Cited by7 opinions
- King v. SchumacherCalifornia Court of Appeal · 1939
- Standard Stoker Co. v. LowerDistrict Court, D. Maryland · 1931
- Kurn v. StanfieldCourt of Appeals for the Eighth Circuit · 1940
- Grange v. Chicago & Eastern Illinois Railway Co.Supreme Court of Missouri · 1934
- Haman v. Allied Concrete Products, Inc.Alaska Supreme Court · 1972
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