...erroneous. 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...

...was 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...

...to public 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...

...December 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...

...for the 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...

...for use in 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...

...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...

...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...

...then rested on them to explain the cause and exculpate themselves. The judge declined so to rule, but instructed the jury that the burden of proof was upon the plaintiff to show that negligence of the defendants caused the injury of which he complained ; that the burden of...

...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...