{
  "id": 3025544,
  "name": "John Davis, Plaintiff in Error, v. St. Paul Coal Company, Defendant in Error",
  "name_abbreviation": "Davis v. St. Paul Coal Co.",
  "decision_date": "1918-07-25",
  "docket_number": "Gen. No. 6,558",
  "first_page": "626",
  "last_page": "627",
  "citations": [
    {
      "type": "official",
      "cite": "211 Ill. App. 626"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 169,
    "char_count": 2186,
    "ocr_confidence": 0.501,
    "sha256": "e54fb950dbcda6604f32d418386b762ca5367dcb2db8820234aefa801445e3a8",
    "simhash": "1:c3d8c4b831a12c15",
    "word_count": 358
  },
  "last_updated": "2023-07-14T20:44:38.810297+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Davis, Plaintiff in Error, v. St. Paul Coal Company, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Carnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Carnes"
      }
    ],
    "attorneys": [
      "Browne & Wiley and Butters & Clark, for plaintiff in error.",
      "Duncan & O\u2019Connor, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "John Davis, Plaintiff in Error, v. St. Paul Coal Company, Defendant in Error.\nGen. No. 6,558.\n(Not to he reported in full.)\nAbstract of the Decision.\nWorkmen\u2019s Compensation Act, \u00a7 12 \u2014 when original declaration in action at common law does not state good cause of action. The original declaration, in an action at common law by an employee against his master for injuries alleged to be due to the negligence of the master while in the latter\u2019s employ, which contains no averment that defendant was not operating under the provisions of the Workmen\u2019s Compensation Act of 1913 [Callaghan\u2019s 1916 St Supp. IT 5475(1) et seo'.], is insufficient, and hence an amendment to the declaration, more than two years after the injuries, setting up that at and prior to receiving the injuries defendant had elected to reject the act, is demurrable, in view of the Two-Year Statute of Limitations.\nError to the Circuit Court of La Salle county; the Hon. Edgar Eedredge, Judge, presiding. Heard in this court at the April term, 1918.\nAffirmed.\nOpinion filed July 25, 1918.\nStatement of the Case.\nAction by John Davis, plaintiff, against St. Paul Coal Company, defendant, to recover for injuries received while employed in defendant\u2019s mine. Plaintiff\u2019s original declaration contained no averment that defendant was not operating under the provisions of the Workmen\u2019s Compensation Act of 1913 [Callaghan\u2019s 1916 St. Supp. [[ 5475(1) et seq.]. A demurrer to the declaration was sustained and the declaration was properly amended by adding to each count an allegation that at and prior to receiving the injuries defendant had elected to reject the act. The amendment was made more than two years after the accident, and a plea of the Two-Year Statute of Limitations was interposed. Prom a judgment of nil elicit against plaintiff, upon his electing to abide by his demurrer to the plea, after the overruling of the demurrer, plaintiff brings error.\nBrowne & Wiley and Butters & Clark, for plaintiff in error.\nDuncan & O\u2019Connor, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0626-01",
  "first_page_order": 680,
  "last_page_order": 681
}