Calumet & Chicago Canal & Dock Co. v. Morawetz
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Robebt B. Shibley, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Robebt B. Shibley, Judge, presiding. This is an action on the case, brought on February 19, 1898, by appellee against the appellant company, and the Chicago and Calumet Terminal Railway Company, to recover damages sustained by appellee, as the owner of lot 24 of block 3 in Taylor’s second addition to South Chicago, situated at the south-east corner of Ninety-fifth street and what is or has been variously known as First avenue, Avenue A, and Avenue O, in South…
1Opinion of the CourtJustice Magruder
First—The first point, made by the appellant, is that its plea of the Statute of Limitations should have been sustained. While counsel on neither side state how the point thus made arises, yet we presume that it is based upon the refusal of the court to give to the jury the following instruction:
“The jury are instructed that, if you find from the evidence that this suit was not commenced within five years from the date of the construction and operation of the first track built by the defendant, the Calumet and Chicago Canal and Dock Company under its ordinance, then the plaintiff in this…
2Cases cited5 opinions
- Lake Shore & Michigan Southern Railway Co. v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1881
- Pittsburg, Fort Wayne & Chicago Railroad v. ReichIllinois Supreme Court · 1881
- Chicago, Peoria & St. Louis Railway Co. v. LeahIllinois Supreme Court · 1894
- Chicago & Alton Railroad v. MorganIllinois Supreme Court · 1873
- Maltman v. Chicago, Milwaukee & St. Paul RailroadAppellate Court of Illinois · 1891
3Cited by16 opinions
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- Illinois Central Railroad v. Trustees of SchoolsIllinois Supreme Court · 1904
- West Chicago Street Railroad v. BuckleyIllinois Supreme Court · 1902
- Deiterman v. RuppelIllinois Supreme Court · 1902
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