160.24. FELA-Burden of Proof-Contributory Negligence When Railroad and Either Non-Employing Railroad or Non-Railroad Are Defendants

160.24 FELA -- Burden of Proof -- Contributory Negligence When Railroad and Either Non-Employing Railroad or Non-Railroad Are Defendants The committee has withdrawn this instruction. The instruction on burden of proof on the issue of contributory negligence is now part of IPI 160.03. Comment In Casey v. Baseden, 111 Ill.2d 341, 490 N.E.2d 4, 95 Ill.Dec. 531 (1986), the Illinois Supreme Court held that the defendant has the burden of proving the plaintiffs contributory negligence. Since the burden of proving contributory negligence is the same under Illinois law as under the FELA, former IPI 160.24 is no longer a correct statement of the law.