Peoria, Pekin & Jacksonville Railroad v. Reynolds

Citations

• 88 Ill. 418

Syllabus

<p>1. Negligence—presumption—burden of proof. Where a railway car is thrown from the track, whereby a passenger for hire is injured, the presumption is, that the accident resulted either from the fact that the track was out of order, or the train badly managed, or both combined, and the onus is on the company to show it was not negligent in any respect.</p> <p>2. Where the track of a railway company is out of repair, pieces of old rails being used to supply the place of a broken rail, and laid upon rotten or decayed ties, and a train of cars is run over such track at a speed of from twenty-five to thirty miles an hour, and an accident occurs resulting in personal injury, the company will be liable.</p>