Rogers v. Chicago, Burlington & Quincy Railroad

This was an action on the case, by appellant, against appellee, for negligence. The declaration alleged that appellant was injured, whilst in the exercise of ordinary- care, by reason of the negligence of the defendant. I-t was therefore incumbent on the appellant to establish this allegation by proof, in order that he should be entitled to recover. (Calumet Iron and Steel Co. v. Martin, 115 Ill. 358, and eases there cited.) In the trial court the jury rendered a verdict in favor of appellant for $1000, and the court, after overruling a motion for a new trial, entered judgment upon that…