Commonwealth Edison Co. v. Walsh Construction Co.

Plaintiff Commonwealth Edison Company (Edison) brought an action to recover for damages done to plaintiff’s property by the defendant Walsh Construction Company (Walsh) when Walsh excavated and tunnelled a portion of the Deep Tunnel Project beneath plaintiff’s transformer vault. Edison’s complaint was filed almost five years after the damage had occurred, and the trial court concluded that the action was barred by the statute of limitations and granted defendant’s motion to dismiss plaintiff’s complaint. Edison appeals.

Plaintiff, Edison, a public utility, was engaged in the business of…