Cohen v. Chicago & North-Western Ry. Co.

The overruling plaintiff’s demurrer to the plea of the. statute of limitations is assigned as error, and this raises the question whether the cause of action stated in the additional count is a different cause of action from any stated in the two counts to which the defendant pleaded the general issue. Counsel for plaintiff contends that the additional count is merely a re-statement of the cause of action set out in the amended first count; that it is simply a more specific statement of defendant’s negligence in failing to give a signal of the approach of the locomotive; that under the…