Quincy, Alton & St. Louis Railroad v. Wellhoener

Citations

• 72 Ill. 60

Syllabus

<p>1. Negligence—in railroads—failure to ring bell or sound whistle does not, of itself, create a liability. It is not enough, to create a liability for stock killed by a railroad train, to prove the bell was not rung or the whistle sounded. It must be made to appear, btr facts and circumstances proved, the accident was caused by reason of such neglect.</p> <p>2. Same — burden of proof on the pan'ty charging. The burden of proving negligence rests on the party alleging it; and when the plaintiff charges negligence on the part of the defendant, and the evidence is equally balanced, the law is for the defendant, and no recovery can be had.</p>