Wall v. Chesapeake & Ohio Ry. Co.
Appellate Court of Illinois
Trespass on tlie Case.—Death from alleged wrongful act. Appeal from the Circuit Court of Cook County; heard in the Branch Appellate Court at the March term, 1901. This suit was brought by appellant to recover damages arising from the death of Edward Wall, occasioned, it is alleged, by the negligence of appellee. January 5, 1900, a declaration containing twelve counts was filed, to which a general demurrer was interposed, ■which was, January 12, 1901, sustained.
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Trespass on tlie Case.—Death from alleged wrongful act. Appeal from the Circuit Court of Cook County; heard in the Branch Appellate Court at the March term, 1901. This suit was brought by appellant to recover damages arising from the death of Edward Wall, occasioned, it is alleged, by the negligence of appellee. January 5, 1900, a declaration containing twelve counts was filed, to which a general demurrer was interposed, ■which was, January 12, 1901, sustained. The plaintiff elected to stand by her declaration, and judgment was rendered against her, from which judgment she appeals. The first…
1Opinion of the CourtJustice Waterman
In this State the bringing of an action for damages arising from the death of a person caused by the wrongful act of another, within two years from such death, is a condition precedent to a recovery. Such, from the declaration, appears to be the law also of the State of Ohio.
It is necessary in this State to allege and prove that the action was begun within such time; and a. declaration that fails to so charge is obnoxious to a general demurrer. Chitty on Pleading, 16th Am. Ed. 329-337; Gunton v. Hughes, 181 Ill. 132; Barker v. Hannibal & St. Joseph Ry. Co., 91 Mo. 86-92; Hill, Adm’r, v. Town…
2Cases cited5 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
- Gunton v. HughesIllinois Supreme Court · 1899
- Tichenor v. NewmanIllinois Supreme Court · 1900
- Henderson v. WheatonIllinois Supreme Court · 1891
3Cited by3 opinions
- Ware v. Chesapeake & Ohio Railway Co.Illinois Supreme Court · 1919
- Wall v. Chesapeake & Ohio Railway Co.Appellate Court of Illinois · 1914
- Wall v. Chesapeake & Ohio Railway Co.Appellate Court of Illinois · 1918