Smith v. Baule

MOORE, Chief Justice.

Plaintiffs appealed trial court’s dismissal of their wrongful death action as to defend*851ant, Illinois Central Gulf Railroad, a Delaware corporation. They contend their amendment making said corporation a defendant should have related back to the date the original petition was filed. Trial court disagreed and held the action against the corporation was barred by Code section 614.1(2), the two-year statute of limitations. We agree and affirm.

On February 11, 1976, plaintiffs filed a petition alleging in pertinent part that plaintiffs’ decedent was killed February 19, 1974 in…