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" Furthermore, in view of other instructions, which specifically directed the jury that the burden of proof was upon the plaintiff to establish a want of ordinary care, there is no room for the belief that the jury could have been misled. "
The Southwestern Reporter - Page 151
1919
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, 115. köide

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1899
...29, 1891. Plea, the general issue. The defense was that the deed was a mortgage. The court instructed the jury that the burden of proof was upon the plaintiff to establish the character of the deed. The learned circuit judge was in error. The onus probandi is upon him who asserts...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, 53. köide

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1885
...jury, and it would have been error in the court to have taken the case from them. The court instructed the jury that the burden of proof was upon the plaintiff to show by a fair preponderance of evidence of the existence of the contract, and that in pursuance of...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, 87. köide

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1891
...established in their suit against the Hammond estate upon their contract with Hammond. The court instructed the jury that the burden of proof was upon the plaintiff to make out his case. The plaintiff's counsel insists that the burden of proof was upon the defendants...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, 100. köide

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1895
...policy. This having been conclusively established by the evidence, the court should have instructed the jury that the burden of proof was upon the plaintiff to show that he was a bona fide holder, iind that he purchased the note without knowledge of the corrupt...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, 60. köide

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1888
...Whether he was careful and prudent was a matter of his own concern. The circuit court also instructed the jury that the burden of proof was upon the plaintiff to show the negligence of the defendant, and his own freedom from negligence ; and, unless they were satisfied...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, 141. köide

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1906
...connection with the 80 rods not worked. 3. Plaintiff contends that the court improperly instructed the jury that the burden of proof was upon the plaintiff to show that the highway was not a lawful road. The court said to the jury upon this subject : "Now, upon...
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Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court - 1864
...who tried the cause so instructed the jury ; but in the course of the charge, he further stated to the jury, that the burden of proof was upon the plaintiff to prove negligence 178 in the defendants, that being the gist of the case ; but that when the defendants...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1864
...facts, directly controlling a material branch of the issue. IV. The court erred in declining to instruct the jury that the burden of proof was upon the plaintiff to satisfy them that he was free from any negligence contributing to the injury. (1.) The proposition...
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Transcript Appeals: The File of Opinions in Cases Argued Before ..., 3–4. köide

New York (State). Court of Appeals, Joel Tiffany - 1868
...the Plaintiff was entitled to recover. At the request of the Defendant's counsel, the Judge charged the jury that the burden of proof was upon the Plaintiff to prove the pecuniary injury, and such facts as could enable the jury to determine what would be a fair...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, 81. köide

Ohio. Supreme Court - 1910
...before argument to the jury, the defendant below, plaintiff in error here, asked the court to charge the jury that the burden of proof was upon the plaintiff to satisfy the jury by a preponderance of the evidence, that the notes were given for a valuable consideration;...
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