Tyma v. Tarrant Foundry Co.

Mr. Presiding Justice Smith

delivered the opinion of the court.

A reversal of the judgment is urged upon the grounds that the evidence is insufficient to maintain a cause of action under either count of the declaration; that the trial court erred in refusing an instruction requested by appellant; and on the ground that counsel for appellee made improper remarks in his argument to the jury. In the view we take of the case it will be unnecessary for us to consider any other than the first ground above stated.

The rule of law in respect to the burden of proof that is imposed upon a servant in a…