Gordon v. J. L. Manta, Inc.

Mr. PRESIDING JUSTICE DIERINGER,

dissenting:

I respectfully dissent from the majority opinion for the following reasons. I cannot agree that the special interrogatory was properly given. It is conceded by all parties that self-defense is an affirmative defense shifting the burden of proof to the defendant. Plaintiff’s instruction No. 24, which was given, reads:

“A person in the sole control, possession and management of a deadly weapon at the time it explodes and injures another has the burden of showing that such explosion was not by any negligence or guilt on his part, or was in the exercise…