Chicago West Division Railway Co. v. Mills

Citations

• 91 Ill. 39

Syllabus

<p>1. Instruction—should not assume facts not proved. An instruction should not assume an important fact in the case of which there is no evidence.</p> <p>2. Negligence — in city railway while passengers are getting off. When a city railway car. stops at a place where the conductor makes his report and waits for the return of the car, and a passenger attempts to get off without notice of such intention, and it does not appear that such place is one where passengers usually get on and off, or that those in charge know that persons are actually getting off, and they start the car, whereby a passenger is thrown and injured, the railway company will not be chargeable with negligence in starting the car forward. The passenger, before attempting to get off, should know that the stoppage is for the purpose of letting persons get off, or make his intention to get off known.</p> <p>3. Sanity—presumed. The legal presumption is, that all persons of mature age are of sane memory, but after inquest found the presumption is the reverse until it is rebutted.</p> <p>4. Mental capacity—burden of proof. If a party not insane seeks to avoid a release given by her while her mental faculties were temporarily impaired, the burden of proof is upon her to show the mental incapacity, and not upon the other party to show her mind was not impaired.</p>