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

Appellate Court of Illinois

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

193 Ill. App. 390, 1915 Ill. App. LEXIS 658

CourtAppellate Court of Illinois

DecidedApril 15, 1915

DocketGen. No. 6,047

StatusPublished

Cited by1 cases

This text of 193 Ill. App. 390 (Utica Hydraulic Cement Co. v. Chicago, Rock Island & Pacific Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utica Hydraulic Cement Co. v. Chicago, Rock Island & Pacific Railway Co., 193 Ill. App. 390, 1915 Ill. App. LEXIS 658 (Ill. Ct. App. 1915).

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Opinion

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.

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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.

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193 Ill. App. 390, 1915 Ill. App. LEXIS 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/utica-hydraulic-cement-co-v-chicago-rock-island-pacific-railway-co-illappct-1915.

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