Wabash Railroad v. Jellison
Appellate Court of Illinois
Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Abthub H. Fbost, Judge, presiding. Heard in this court at the March term, 1905.
1Opinion of the CourtJustice Brown
This action being based on the alleged negligence of the defendant, which caused the injury to the plaintiff, a question which directly concerns the burden of proof arises at once as to the status of the plaintiff with relation to the carrier. Was he a passenger? If so, it is conceded that the burden of proof was thrown on the defendant to show that the accident happened without the fault of the defendant. N. J. R. R. Co. v. Pollard, 22 Wallace, 341. Under the evidence set forth in the prefixed statement, there can. be no doubt, if plaintiff was a passenger, that there was ground for the…
2Cases cited7 opinions
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gulf, Colorado & Santa Fe Railway Co. v. WilsonTexas Supreme Court · 1891
- Blank v. Illinois Central RailroadIllinois Supreme Court · 1899
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3Cited by4 opinions
- Dunlap v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1910
- Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. JonesIndiana Court of Appeals · 1925
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BirIndiana Court of Appeals · 1914
- Barker v. Chicago, Peoria & St. Louis Railway Co.Appellate Court of Illinois · 1909