Illinois Supreme Court February 21, 1906 (West Chicago Street Railroad v. McCafferty)

Mr. Justice Scott

delivered the opinion of the court:

Appellant offered twenty-one instructions in the trial court. The court gave eighteen of them and refused three. Appellant complains of the refusal of these three. The first of the refused instructions reads as follows:

“The burden of proof is not upon the defendant to show how the plaintiff came to fall.