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" The court correctly instructed the jury that the burden of proof was upon the plaintiff to... "
American Law Reports Annotated - Page 277
1923
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Reports of Cases Argued and Determined in the Supreme Court ..., Volumes 83-84

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1922 - 702 pages
...250, 200 Pac. 200. Upon examination of the Instructions given by the court In the case at bar, we fall to find anywhere in the Instructions where the court...of the property by the bailor to the bailee and the faHure of the bailee to return the property was sufficient to satisfy the burden resting upon the bailor,...
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Cases Determined in the Supreme Court of Washington, Volume 117

Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1922 - 842 pages
...that the defect might have been discovered by a proper test or a proper inspection. The trial court instructed the jury that the burden of proof was upon the plaintiff to establish the specific negligence charged, but refused to go further and instruct as requested by appellant:...
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The Business Law Journal, Volume 2

1923 - 520 pages
...condition of health at the time the application was signed and the policy issued. At the trial, the court instructed the jury that the burden of proof was upon the plaintiff to prove her case by a preponderance of the evidence. The jury returned a verdict for the defendant. The...
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Fundamentals of the Law of Proof in Judicial Proceedings

Otis Harrison Fisk - 1928 - 436 pages
...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;...
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The Insurance Law Journal, Volume 17

1888 - 992 pages
...Rep., 271, and cases there cited. But upon the question of agency he requested the court to instruct the jury " that the burden of proof was upon the plaintiff to show that "WS Parks was the agent of the Travelers' Insurance Company, and authorized to bind the company...
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Mississippi Reports ... Being Cases Argued and Decided in the ..., Volume 67

Mississippi. Supreme Court - 1890 - 972 pages
...own under such circumstances. If, on the other hand, the purpose of these instructions was to inform the jury that the burden of proof was upon the plaintiff to show that the trees, from which the staves were made, stood on her land, they were properly refused,...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 177

California. Supreme Court - 1919 - 980 pages
...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....
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American law reports annotated, Volume 19

1922 - 1620 pages
...that his death was caused by epilepsy, and not by the accident, it was held that the court properly instructed the jury that the burden of proof was upon the plaintiff to show by a preponderance of the evidence that the deceased came to his death by reason of a personal...
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The New York Supplement, Volume 63

1900 - 1204 pages
...that the defendant's is." The charge, taken as a whole, could not have left any doubt in the minds of the jury that the burden of proof was upon the plaintiff to establish her theory of the case. That was clearly the spirit of the charge. The judgment is sustained...
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Legal Bulletin: American Life Convention, Volume 6

1922 - 636 pages
...and the death of the insured were admitted under the pleadings. Held: Error for the court to instruct the jury that the burden of proof was upon the plaintiff to prove her case by preponderance of the evidence. The defendant having admitted all the facts necessary...
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