...debt; and so 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...

...the trial, 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...

...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...

...her property from injury or destruction, which failure directly contributed to such loss." The court instructed the jury that the burden of proof was upon the plaintiff to prove the allegations of her petition by a preponderance of the evidence, and said further: 'There...

...of the plaintiff to mislead and whether the defendant was or not in fact misled thereby. The judge correctly instructed the jury that the burden of proof was upon the plaintiff to show that the defendant was not misled. Tobin v. Brimfield, 182 Mass. 117, 120. In view of the proximity...

...(US), 36 S. Ct. 567. The error if any in an isolated sentence of a charge, which it is claimed told the jury that the burden of proof was upon the plaintiff to establish the fact of accident beyond a doubt is cured where the jury had already been told repeatedly,...

...subject to review by this court. State v. Crites, 215 Mo. 91; Almond v. Modern Woodmen, 133 Mo. App. 382. (2) The court correctly instructed the jury that the burden of proof was upon the plaintiff to establish by the preponderance of the evidence the facts necessary to a verdict in its favor: (a) The...

...plainiiff 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....

...seven days after injury? (Answer Yes or No.)" And 'in this connection the court was asked to instruct the jury that the burden of proof was upon the plaintiff to establish the negative of the above question by a preponderance of the evidence. Plaintiff in error...

...injured employees for the first seven days? (Answer Yes or No.)" In the same connection the court told the jury that the burden of proof was upon the plaintiff to establish the affirmative of the above question by a preponderance of the evidence. The special issue...