Dyer v. Talcott
Illinois Supreme Court
This was an action on the case, brought by the appellee, against the appellant, to recover for damages done to the steam tug Seneca, owned by the appellee, by reason of the unlawful obstruction of Chicago river, by the appellant, in placing across it a rope, and negligently suffering it to remain, upon which the tug ran afoul, causing injury to the tug, and detaining her from her business, in making repairs, etc.
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This was an action on the case, brought by the appellee, against the appellant, to recover for damages done to the steam tug Seneca, owned by the appellee, by reason of the unlawful obstruction of Chicago river, by the appellant, in placing across it a rope, and negligently suffering it to remain, upon which the tug ran afoul, causing injury to the tug, and detaining her from her business, in making repairs, etc. The cause was tried before J. M. Wilson, Judge, and a jury, at March Vacation term, 1854. Verdict and judgment for $180. The instruction upon which the decision is made, is set out…
1Opinion of the Court
Catón, J.
The court below undoubtedly erred in refusing to instruct the jury as requested by the defendant below. That request was as follows: “ That the burthen of proof, in this action, is upon the plaintiff, to show, not only that the defendant was guilty of negligence, but that he, himself, was not guilty of negligence or carelessness.” In the case of The Aurora Branch Rail Road Company v. Grimes, 13 Ill. R. 585, this court had occasion to examine the question here presented with some care, and the rule there laid down is, that the burthen of proof is on the plaintiff, to show that he…
2Cited by11 opinions
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- St. Louis, Alton & Terre Haute R. R. v. ManlyIllinois Supreme Court · 1871
- Chicago, Burlington & Quincy Railroad v. VanPattenIllinois Supreme Court · 1872
- Owens v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Brady v. ChicagoU.S. Circuit Court for the Northern District of Illnois · 1865
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