Illinois Central Railroad v. Phillips

Citations

• 55 Ill. 194

Syllabus

<p>1. Negligence—explosion of a steam boiler—burden of proof. It was held, in the case of The Illinois Central Railroad Company v. Phillips, 49 Ill. 234, in an action against the company for injuries alleged to have been sustained by the plaintiff, while in the depot of the defendants, from the explosion of the boiler of one of defendants’ engines, that the mere fact that the boiler exploded, was prima facie evidence of negligence, and that the burden of disproving the negligence was thrown upon the company. This rule is adhered to, upon a review of the question, and is applied in a case where the party injured did not hold any relation of trust and confidence towards the company, such as exists between a passenger and the carrier.</p> <p>2. Common carriers—of their relative duties towards passengers and strangers. While a higher degree of care and diligence is required of common carriers towards passengers than towards strangers, it is not true that they owe no duty to the latter.</p> <p>3. In case of passengers, the utmost care and skill are required on the part of the carrier; but in respect to strangers, only such diligence as would be exercised by prudent, skillful and discreet men, having a due regard to the rights and demands of the public, and a proper desire to protect life and property.</p> <p>4 One not sustaining the relation of trust and confidence which exists between carrier and passenger, can not recover, if, by the exercise of care and prudence, he might have avoided the injury.</p>