Chicago, St. P. & K. C. R. Co. v. Ryan
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Ch-cuit of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case.
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Trespass on the Case, for personal injuries. Appeal from the Circuit Ch-cuit of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. On and prior to August 3,1891, the''Chicago and Northern Pacific Railroad Company owned and operated a terminal railroad extending to a point west of the city limits of the city of Chicago, east across Ashland and Ogden avenues to Harrison street and Fifth avenue, in said city. This railroad and the terminal facilities connected therewith, were under the exclusive control of the Chicago…
1Opinion of the CourtJustice Waterman
It is insisted that the demurrer to the pleas of the statute of limitations was improperly sustained, and that the defendant was entitled to have the question of whether the cause of action set up in the additional counts was other and different from that set up in the declaration first filed, tried by a jury; because, as is urged, the allegation that the said causes of action were other and different from those set up in the declaration first filed, presented a question of fact for the determination of a jury.
A party can not, by his pleading, determine the character of his adversary’s pleas.…
2Cases cited8 opinions
- Blanchard v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Chicago, St. Louis & Pittsburg Railroad v. HutchinsonIllinois Supreme Court · 1887
- North Chicago Rolling Mill Co. v. MonkaIllinois Supreme Court · 1883
- Mitchell v. MilhollandIllinois Supreme Court · 1883
- Dickson v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1876
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3Cited by2 opinions
- West Chicago Street Railroad v. NilsonAppellate Court of Illinois · 1897
- Lake Shore & M. S. Ry. Co. v. RyanAppellate Court of Illinois · 1897