Dickson v. the Chicago

• Court: Illinois Supreme Court
• Writing for the Court: SHELDON
• Citation: Dickson v. the Chicago, 77 Ill. 331, 1875 WL 8317 (Ill. 1875)
• Decision Date: 31 January 1875
• Parties: LAURA A. DICKSONv.THE CHICAGO, BURLINGTON AND QUINCY R. R. CO.

77 Ill. 331

1875 WL 8317 (Ill.)

LAURA A. DICKSON

v.THE CHICAGO, BURLINGTON AND QUINCY R. R. CO.

Supreme Court of Illinois.

January Term, 1875.

WRIT OF ERROR to the Circuit Court of Fulton county; the Hon. CHAUNCEY L. HIGBEE, Judge, presiding.

This was an action on the case, by Laura A. Dickson against the Chicago, Burlington and Quincy Railroad Company, to recover for a personal injury. The facts involved in the decision are stated in the opinion.

Messrs. SHOPE & GRAY, for the plaintiff in error.

Messrs. JUDD & WHITEHOUSE, for the defendant in error.

Mr. JUSTICE SHELDON delivered the opinion of the Court:

The only question presented on this record is, whether, by the Limitation Act of 1872, the right to sue in actions on the case for damages for an injury to the person, when the cause of action accrued prior to the passage of that act, is limited to two years.

The action here was one on the case, for damages for an injury to the person consequent upon the alleged wrongful act of the servants of the defendant. The cause of action accrued in the year 1870. The suit was brought July 6, 1874. The defendant pleaded two special pleas, setting up, in substance, that the cause of action accrued, if at all, more than two years next before the commencement of the suit. The court below overruled a general demurrer to the pleas, and rendered judgment for the defendant.

When this alleged cause of action accrued, and the alleged liability of defendant was incurred, the act of Feb. 10, 1849, was in force, and limited actions on the case to five years. The 14th section of the Limitation law of 1872, in force July 1, 1872, is as follows: “Actions for damages for an injury to the person, * * * shall be commenced within two years next after the cause of action accrued.” The 24th section of the act of 1872 expressly repeals the Limitation act of February 10, 1849, the section concluding as follows: “But this section shall not be construed so as to affect any rights or liabilities, or any causes of action that may have accrued before this act shall take effect.” The act took effect July 1, 1872.

The 24th section of the act of 1872, in terms, repeals various other limitation laws, as well as that of February 10, 1849.

It is urged by appellee, that section 14 of the act of 1872 shortens the time within which actions for injury to the person may be brought, to two years; that it is wholly inconsistent with the five years limitation of the act of 1849, and, therefore, repeals it by implication, substituting two years in place of five years limitation; so that the two acts can not stand together. Stress is then laid upon the use of the words “this section,” not “this act,” in the saving clause of section 24 of the act of 1872; and it is...