 | 1886 - 868 strani
...principle is recognized in Mattocks v. Lyman, 18 Vt. 98. 7. The court below were right in instructing the jury that the burden of proof was on the plaintiff to show a want of proper knowledge and skill on the part of the defendant, but that it was not necessary to... | |
 | 1886 - 866 strani
...will be entitled to recover. In the case of Lane v. Crombie, 12 Pick. 177, the court held, that the burden of proof was on the plaintiff to show, that the injury was not occasioned by her own negligence. In the case of Eartfield v. Roper, 21 Wend. 615 [34 Am. Dec.... | |
 | 1920 - 924 strani
...return a verdict clearing all the defendants." The plaintiff excepted "to so much of the charge as told the jury that the burden of proof was on the plaintiff to establish that there was no justification," to so much of the charge as told the jury that "whether... | |
 | 1905 - 1404 strani
...note is a question upon which there was a conflict of testimony. On the burden of proof, the trial Judge instructed the jury that the burden of proof was on the plaintiff to establish its ease by a preponderance of the testimony, and on the defendant to establish its defense... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 760 strani
...use more care than if he was wholly ignorant of its condition, or to avoid the place altogether, but instructed the jury that the burden of proof was on the plaintiff to show that he had used reasonable care, adapted to the circumstances of the case, and that, if he was familiar... | |
 | Abraham Clark Freeman - 1892 - 1022 strani
...error in the clause of the requested charge quoted. Defendant requested special charges instructing the jury that the burden of proof was on the plaintiff to establish negligence on the part of defendant, and that until this fact is established, the law presumes... | |
 | Ontario. High Court of Justice - 1894 - 796 strani
...they might find the business to be that of Thomas Burns, whereas the learned Judge should have told the jury that the burden of proof was on the plaintiff to establish his case, and that the ownership of the house and premises was already that of Mary Burns,... | |
 | William John Tossell - 1906 - 870 strani
...proceedings to reverse the proceedings below. And it is claimed that the court erred in instructing the jury that the burden of proof was on the plaintiff to show that she had complied with the conditions in the poilcy, that she should submit to an examination under... | |
 | Massachusetts. Supreme Judicial Court - 1895 - 732 strani
...on the defendant to show or explain the cause of the accident" ; but the judge declined so to rule. The judge instructed the jury that the burden of proof was on the plaintiff, and continued upon him throughout; that under some circumstances the plaintiff's injury... | |
 | William John Tossell - 1901 - 932 strani
...a number of members equal to the number of dollars mentioned by the certificate. The court charged the jury that the burden of proof was on the plaintiff to show that at the time the party died there was the full number of members in that particular order which would... | |
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Judge instructed the jury that the burden of proof was on the plaintiff to establish its case by a preponderance of the testimony. and on the defendant to establish its defense by a preponderance of the evidence. 
