Illinois Central Railroad v. Barslow
Appellate Court of Illinois
Memorandum.—Action for personal injuries. In the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Declaration in case; plea, not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the March term, 1894.
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the Court.
This action being based upon the alleged negligence of the defendant in failing to provide safe and suitable appliances for the use of the plaintiff, the burden of proving such negligence is consequently upon the plaintiff.
An employer is bound, not only to use reasonable care in the selection of machinery and appliances, but also the same care and watchfulness to see that they are kept in proper condition. Wood on Master and Servant, Sec. 329; Union Pacific Ry. Co. v. Jarvi, 53 Fed. Rep. 65; Sack v. Dolese, 35 Ill. App. 636;…
2Cases cited5 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Sack v. DoleseIllinois Supreme Court · 1891
- Sack v. DoleseAppellate Court of Illinois · 1890
- Illinois Central Railroad v. HarrisAppellate Court of Illinois · 1894
- Joslyn v. TaylorSupreme Court of Vermont · 1860
3Cited by3 opinions
- Chicago & Great Western Ry. Co. v. ArmstrongAppellate Court of Illinois · 1896
- Belt Railway Co. v. ConfreyAppellate Court of Illinois · 1903
- Atchison, T. & S. F. R. R. v. BumpAppellate Court of Illinois · 1895