Geraghty v. William Grace Co.
Appellate Court of Illinois
Action in case for personal injuries. Appeal from the Superior Court of Cook county; the Hon. Marcus ICavanaqh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908.
1Opinion of the CourtJustice Smith
The doctrine of res ipsa loquitur, relied upon by the plaintiff, is not applicable to the facts of this case as against the defendant William Grace Company. The mere happening of the accident in the manner shown by the evidence raises no presumption that it was caused by the negligence of that company. The burden of proof was upon the plaintiff to show that his employer was negligent as averred in the declaration. That burden was not discharged by mere proof of the accident. Diamond Glue Co. v. Wietzychowski, 227 Ill. 338; Chicago & Northwestern Ry. Co. v. O’Brien, 132 Fed. Rep. 593; Patton…
2Cases cited10 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Consolidated Ice Machine Co. v. KeiferIllinois Supreme Court · 1890
- Quincy Mining Co. v. KittsMichigan Supreme Court · 1879
- Sack v. DoleseIllinois Supreme Court · 1891
- Chicago Union Traction Co. v. GieseIllinois Supreme Court · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Martin v. Village of PatokaAppellate Court of Illinois · 1940