Reports of Cases Determined in the Supreme Court of the State of Illinois 24 (January Term, 1860, And April Term, 1860)

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v. Newhall et al.
behalf of the defendant state the law quite as favorably for him as it is, in such cases.
The fourth, fifth and sixth instructions, which were refused, assume that the burden of proving negligence is on the owner of the goods. We understand the law to be, that when goods are received by a common carrier, to be carried under the usual bill of lading, it is incumbent on him to show that the injury resulted from one of the causes excepted in it. In this case, the defendants were
...bound to show that the injury was caused by the weather, by accidental delays, or by the natural tendency of the powder to decay, neither of which was shown. Had that been shown, then the burden of proof would have been shifted on the plaintiff to prove negligence, but not until then.
We have examined the evidence with great care upon this point, iind do not find any, going to show, that the excepted causes pro-

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