Graham & Morton Transportation Co. v. Young
Appellate Court of Illinois
Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1903.
1Opinion of the Court
Mr. Presiding Justice Stein
delivered the opinion of the court.
Eirst. It was not necessary that there should be “ conclusive ” proof that the trunk was delivered to appellant, or was ever in its possession, or that there should be other proof in this regard than appellee’s possession of appellant’s check. It is sufficient for appellee to make out a prima facie case, and this she did by producing the check. The burden of proof was then upon appellant to show a nondelivery. Davis v. R. R. Co., 22 Ill. 278; C., R. I. & P. R. R. Co. v. Clayton, 78 Ill. 616; Hutchinson on Carriers, secs. 717 and…
2Cases cited2 opinions
- Davis v. Michigan Southern & Northern Indiana RailroadIllinois Supreme Court · 1859
- Chicago, Rock Island & Pacific R. R. v. ClaytonIllinois Supreme Court · 1875
3Cited by2 opinions
- Claim of Christian v. City National Bank & Trust Co.Appellate Court of Illinois · 1936
- Stein v. Automatic Electric Co.Appellate Court of Illinois · 1910