Waller v. Cooper

This is an appeal by plaintiff, Harriet "Waller, administrator of the estate of Mark Waller, deceased, from an order of the Municipal Court entered on December 13, 1962, dismissing the cause of action on the ground that the claim set forth in the amended claim is barred by the two-year period fixed by the Wrongful Death Act.

The decedent, Mark Waller, died on January 30, 1960. The Statement of Claim was filed on January 27, 1962. The Statement of Claim failed to set out who were “next of kin” and their “pecuniary loss” as required by section 2 of the Wrongful Death Act (Ill Rev Stats c 70, §…