SPOOR v. Q & C CO.

No. 4331.

72 F.Supp. 148 (1946)

SPOOR et al. v. Q & C CO.

District Court, N. D. Illinois, E. D.

January 3, 1946.


Attorney(s) appearing for the Case

John H. Coulter and Will A. Kelly, both of Chicago, Ill., for plaintiffs.

McKinley, Price & Quindry, of Chicago, Ill., for defendant.


BARNES, District Judge.

In the briefs of the parties, which were filed subsequent to the oral argument, the question came down to this: Which statute of limitation applies, the 5 year statute or the 10 year statute?

The defendant relies particularly upon the case of Knight v. St. Louis, I. M. & S. R. Co., 141 Ill. 110, 30 N.E. 543. That was an action by an assignee of a bill of lading against the railroad company for a breach of the duty to carry safely...

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