Rehthaler v. Crane Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918. Certiorari denied by Supreme Court (making opinion final).
1Dissent
Mr. Presiding Justice Thomson
dissenting:
I am unable to concur in the foregoing opinion. The burden was upon the plaintiff to prove by a preponderance of the evidence that the cancerous condition from which she suffered was the result of the injury complained of. In my opinion she clearly failed in this. She cannot recover on a guess or conjecture that the injury may have caused the cancer. But, before a verdict in her favor should be allowed to stand it should be supported by evidence tending to prove that it in fact ,did cause it. Chicago Union Traction Co. v. Fortier, 205 Ill. 305;…
2Cases cited4 opinions
- Chicago Union Traction Co. v. MayIllinois Supreme Court · 1906
- Chicago Union Traction Co. v. FortierIllinois Supreme Court · 1903
- Shaw v. Chicago, Rock Island & Pacific Railway Co.Appellate Court of Illinois · 1912
- Bishop v. Chicago Telephone Co.Appellate Court of Illinois · 1918