Chicago & Northwestern Railway Co. v. Dickinson

Citations

• 74 Ill. 249

Syllabus

<p>1. Carried—burden of proof of loss or non-delivery. In an action against a carrier, where the loss or non-delivery of goods is alleged, the plaintiff must give some evidence in support of the allegation, notwithstanding its negative character, but slight evidence will be sufficient.</p> <p>2. Same —plaintiff not required to show non-delivery by a preponderance of evidence. In an action against a carrier for failing to deliver goods shipped, the plaintiff is not bound to show non-delivery by a preponderance of testimony. Slight evidence of that fact will be sufficient to shift the burden of proof upon the carrier.</p> <p>3. Same — measure of damages. The measure of damages in case of the failure of a carrier to deliver goods according to contract, and which are lost, is their market value at the time when and the place where they should have been delivered, and such value is purely a question of fact for the jury.</p>