Swift & Co. v. Foster
Appellate Court of Illinois
Memorandum.'—Action to recover damages for the death of plaintiff’s intestate. In the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.
1Opinion of the CourtJustice Gary
March 24, 1892, the appellee filed a declaration seeking, as administrator of John Mullen, to recover damages for the death of the latter, and charging that Mullen, while employed by the appellant, was killed through the negligence of another servant of the appellant, who was not a fellow-servant of Mullen.
Two years afterward, and nearly three years after the death of Mullen, the appellee filed additional counts, charging that the death of Mullen was caused by defects in machinery. To these counts the appellant pleaded that the causes of action did not accrue within two years before the…
2Cases cited6 opinions
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
- Pennsylvania Co. v. KeaneIllinois Supreme Court · 1892
- Stearns v. ReidyAppellate Court of Illinois · 1889
- Chicago & North-Western Railway Co. v. KaneAppellate Court of Illinois · 1893
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3Cited by3 opinions
- Buck v. DavisSupreme Court of Arkansas · 1897
- Chicago City Railway Co. v. LeachAppellate Court of Illinois · 1899
- Illinois Central Railroad v. WeilandAppellate Court of Illinois · 1896