Utica Hydraulic Cement Co. v. Chicago, Rock Island & Pacific Railway Co.

Appellate Court of Illinois April 15, 1915

Utica Hydraulic Cement Co. v. Chicago, Rock Island & Pacific Railway Co., 193 Ill. App. 390 (1915)

1915 Ill. App. LEXIS 658

Niehaus

Opinion of the Court

Mr. Justice Niehaus

delivered the opinion of the court.

5. Railroads, § 919*—when defendant has burden of showing fire not caused by sparks from locomotive. Evidence of circumstances justifying an inference that a fire which consumed a building was caused by burning cinders or sparks emitted from the defendant’s passing locomotive, establishes a prima facie case which, under the statute, casts on the defendant the burden of proving such facts as would excuse it. 6. Instructions, § 151*—when not error to refuse instruction. There is no error in refusing requested instructions which are covered by other instructions actually given.

Reference

Full Case Name: Utica Hydraulic Cement Company v. The Chicago, Rock Island & Pacific Railway Company
Cited By: 1 case
Status: Published