 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 1511919Full view - About this book
 | 1900 - 1068 lehte
...that iba death occurred according to the requirements of the policy"; whereas, '4he court should have told the jury that the burden of proof was upon the plaintiff to show, from all the evidence, that the death of the Insured was caused by external violence and accidental... | |
 | Texas. Court of Civil Appeals - 1903 - 738 lehte
...under the twenty-fifth assignment of error that the court erred in its charge in failing to instruct the jury that the burden of proof was upon the plaintiff to establish by a preponderance of evidence the allegations contained in the petition. There was no distinct charge... | |
 | New York (State). Court of Appeals - 1907 - 594 lehte
...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... | |
 | Montana. Supreme Court - 1908 - 776 lehte
...employment, and a plea of contributory negligence and one of assumption of risk. By instruction No. 11 the court told the jury that the burden of proof was upon the defendant to establish the defense of contributory negligence, and a like rule was announced with... | |
 | Abraham Clark Freeman - 1908 - 1174 lehte
...was a presumption that the note was not changed after its execution. The complaint is groundless, for the court told the jury that the burden of proof was upon Stotler to show that the alteration was made after delivery. The judgment is reversed and the cause... | |
 | Abraham Clark Freeman - 1908 - 1166 lehte
...was a presumption that the note was not changed after its execution. The complaint is groundless, for the court told the jury that the burden of proof was upon Stotler to show that the alteration was made after delivery. The judgment is reversed and the cause... | |
 | 1912 - 1852 lehte
...it was, — not the admission of a nominal debt, but a debt of great magnitude. The court instructed the jury that the burden of proof was upon the plaintiff, to show that the defendant had recognized the account in evidence to be correct. If that position be the... | |
 | James Smith McMaster - 1907 - 750 lehte
...was a presumption that the note was not changed after its execution. The complaint is groundless, for the court told the jury that the burden of proof was upon Stotler to show that the alteration was made after delivery. The judgment is reversed, and the cause... | |
 | Thomas Dwight Crawford - 1914 - 546 lehte
...who bound him over to the grand jury, was prima fade evidence of probable cause, was harmless where the court told the jury that the burden of proof was upon the plaintiff to show by preponderance of the evidence the want of probable cause in instituting the prosecution. LB... | |
 | Tennessee. Court of Civil Appeals, Joseph Carrigan Higgins - 1914 - 804 lehte
...both by the plaintiff and defendant. Smith v. Sulvaggio. The Court, in his general charge, instructed the jury that the burden of proof was upon the plaintiff to make out his case by a preponderance of the evidence. He further instructed the jury that, in determining... | |
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