Illinois Central Railroad v. Alexander

Upon the principle declared in Peaslee v. Glass, 61 Ill. 94, the judgment in this case should be reversed, and the cause remanded. It is there said:

“ There are very few cases in which a jury should find a verdict for the plaintiff upon his unsupported testimony alone, when that testimony is positively contradicted by the defendant. It belongs to the plaintiff to make out a case. The burden of proof is upon him, and where the issue rests upon the sworn affirmation of one party and the sworn denial of the other, both having the same means of information' and both unimpeached, and testifying to…