Chicago, Rock Island & Pacific Railway Co. v. Ross
Appellate Court of Illinois
Action in case for death caused by alleged wrongful act. Appeal from the Circuit Court of Rock Island County; the Hon. William H. Gest, Judge, presiding.
1Opinion of the CourtJustice Dibell
In the foregoing state of the proof appellant asked the court to instruct the jury that the burden was upon appellee to prove that the deceased, George Ross, did not know that the headlight was defective, the defect in the headlight being the cause of the accident according to the allegations of the declaration. This instruction was refused. We are of opinion that the burden of proving that deceased did not know that this engine had no headlight on its east end rested upon appellee, under the authority of Goldie v. Werner, 151 Ill., 551; Howe v. Medaris, 183 Ill., 288; L. E. & W. R. R. Co. v.…
2Cases cited16 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Chicago & Eastern Illinois Railroad v. HeereyIllinois Supreme Court · 1903
- Sargent Co. v. BaublisIllinois Supreme Court · 1905
- Goldie v. WernerIllinois Supreme Court · 1894
- Lake Erie & Western Railroad v. WilsonIllinois Supreme Court · 1901
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3Cited by2 opinions
- People v. StrauchAppellate Court of Illinois · 1910
- Kelly v. Chicago, Rock Island & Pacific Railway Co.Appellate Court of Illinois · 1912