...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;...

...reported). [4] Upon an examination of the Instructions given by the court In the case at bar we fail fo find anywhere In the instructions where the court...law applicable to bailment for hire, but it does not nppear from the Instructions that the court advised the jury that proof of a delivery of the property...

...the questions upon the main issue in the case were fairly submitted. The court very pointedly told the jury that the burden of proof was upon the plaintiff to show (1) that Mills was in fact the real prosecutor of the criminal proceedings against the plaintiff,...

...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;...

...In this suit. The assignment Is overruled. [2] There Is no merit In the second assignment. The court Instructed the jury that the burden of proof was upon the plaintiff to establish his case by a preponderance of the evidence, and It was proper to refuse a special charge...

...that the corn tendered was good, merchantable corn. The court refused this instruction and charged the jury "that the burden of proof was upon the plaintiff to satisfy them, by a preponderance of the evidence, that the corn tendered was not good, merchantable...

...secure the amount of the Indebtedness Incurred for furnishing the lumber. We are also of opinion that the court correctly instructed the Jury that the burden of proof was on the defendant to show by a preponderance of the evidence that the land upon which the lien Is claimed...

...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...

...plaintiff to have been negligent. 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....

...then he was not guilty of contributory negligence, and he might recover. Nowhere did the court tell the jury that the burden of proof was upon the plaintiff to establish that he had no knowledge of these defects. It was a very material matter in that case, and...