{
  "id": 5303993,
  "name": "William M. Foley, Adm., etc., v. Suburban Ry. Co.",
  "name_abbreviation": "Foley v. Suburban Ry. Co.",
  "decision_date": "1901-11-07",
  "docket_number": "",
  "first_page": "108",
  "last_page": "109",
  "citations": [
    {
      "type": "official",
      "cite": "98 Ill. App. 108"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 166,
    "char_count": 2064,
    "ocr_confidence": 0.56,
    "pagerank": {
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      "percentile": 0.2779650473830714
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    "sha256": "841d24937960c3e3abecee9615160b134fc079c2f45584c7ed99c0f32123dbc7",
    "simhash": "1:39c0daa38c05b2d0",
    "word_count": 347
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  "last_updated": "2023-07-14T15:14:32.769923+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William M. Foley, Adm., etc., v. Suburban Ry. Co."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Adams\ndelivered the opinion of the court.\nThis is a suit by appellee against appellant for alleged negligence causing the death of plaintiff\u2019s intestate. The suit was commenced July 25, 1899, and the declaration was filed August 8, 1899. It is averred in the declaration, and is conceded by counsel for appellant, that the accident which resulted in the death of appellant\u2019s intestate, occurred July 27, 1897. The original declaration, filed August 8, 1899, contained no averment of the survival of any kin of appellant\u2019s intestate. January 2, 1901, appellant, by leave of the court, filed an amendment to the declaration, alleging the survival of certain persons, naming them, and that they were the heirs and next of kin of appellant\u2019s intestate.\nTo the declaration, as amended, a plea of the statute, limiting such actions to two years after the cause of action accrues, was pleaded, to which plea appellant filed a demurrer, which the court overruled, sustained the plea, and rendered judgment for appellee. Foster v. St. Luke\u2019s Hospital, 191 111. 94, is decisive that the demurrer was properly overruled and the plea sustained.\nThe judgment will be affirmed.",
        "type": "majority",
        "author": "Mr. Justice Adams"
      }
    ],
    "attorneys": [
      "Frank H. Novak, attorney for appellant.",
      "Clarence A. Knight and William G-. Adams, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "William M. Foley, Adm., etc., v. Suburban Ry. Co.\n1. Pleading \u2014 Effect of a Failure to Allege that a Deceased Person Left Next of Kin. \u2014 Where a declaration, as originally filed, in an action for damages sustained by the death of a person from negligence, fails to allege that the deceased left a widow or next of kin surviving him, it fails to state a cause of action, and an amendment filed more than two years after the cause of action arose, which alleges that he did leave surviving him a widow and children, is barred by the statute of limitations.\nTrespass on the Case. \u2014 Death from negligent act. Appeal from the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Heard in this court at the March term, 1901.\nAffirmed.\nOpinion filed November 7, 1901.\nFrank H. Novak, attorney for appellant.\nClarence A. Knight and William G-. Adams, attorneys for appellee."
  },
  "file_name": "0108-01",
  "first_page_order": 132,
  "last_page_order": 133
}