Illinois Central Railroad v. Johnson
Illinois Supreme Court
Appeal from the Circuit Court of McLean county. This was an action of assumpsit brought in the Circuit Court by Thomas Johnson against the Illinois Central Railroad Company, as common carrier of goods.
Read the full summary
Appeal from the Circuit Court of McLean county. This was an action of assumpsit brought in the Circuit Court by Thomas Johnson against the Illinois Central Railroad Company, as common carrier of goods. It is alleged in the declaration that the plaintiff delivered to the company, on the 14th day of June, 1856, four boxes, one trunk, and one box in “B. 0.,” filled with goods and chattels, of the value of five hundred dollars, and that the company, by its certain agreement in writing, undertook to forward said goods to the plaintiff at Wheeling, in the State of Virginia; which agreement in…
1Opinion of the CourtJustice Breese
The only questions presented by this record are, as to the propriety of sustaining the plaintiff’s demurrer to the defendants’ second and fourth special pleas, and striking out the third special plea, after a demurrer to it had been overruled.
The plea stricken out amounted to the general issue, as did the second plea. The plaintiff was bound to prove the reverse of all the matter contained in each of those pleas to make out a prima facie case. The defendant had the right to controvert thzprima facie case of the plaintiff, and we must presume that he did so. There is nothing in the record to…
2Cited by12 opinions
- Baltimore & Philadelphia Steamboat Co. v. BrownSupreme Court of Pennsylvania · 1867
- Beard & Sons v. St. Louis, Alton & Terbe Haute Railway Co.Supreme Court of Iowa · 1890
- Lawrence v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1870
- Louisville & Nashville Railroad v. MeyerSupreme Court of Alabama · 1885
- Cherry v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1895
7 more not listed; retrieve them via the Exa API.