Chicago, Rock Island & Pacific Railway Co. v. Felton
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Will county; the Hon. George W. Stipp, Judge, presiding. Late on Saturday night of March 19, 1881, the Chicago, Rock Island and Pacific Railway Company started a train, consisting of a sleeper, passenger car and baggage car, to pass' on its road from Bureau Junction to Chicago.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Will county; the Hon. George W. Stipp, Judge, presiding. Late on Saturday night of March 19, 1881, the Chicago, Rock Island and Pacific Railway Company started a train, consisting of a sleeper, passenger car and baggage car, to pass' on its road from Bureau Junction to Chicago. There was at the time a violent storm of wind and snow, which had begun some twenty-four hours earlier. The storm had at some points so obstructed the railway track by drifting- snow, as to prevent the…
1Opinion of the CourtJustice Scholfield
Since the right of recovery here is based upon the negligence of the defendant, it is not sufficient merely that plaintiff’s intestate became alarmed by reason of appearances produced wholly or in part by the defendant,—it must appear that that which produced the alarm, and, through it, the injury, was negligence of the defendant. The burden is upon the plaintiff to prove this negligence, and that is not done by proof, alone, that a peculiar signal was given by an engine of the defendant, and that it caused or aggravated the alarm of the intestate. If the signal given was, under the…
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