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...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...

...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...

...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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...perceive upon what grounds the court refused to give charge No. 4. It simply requests the court to charge the jury that the burden of proof was upon the plaintiff to reasonably satisfy the jury that he was entitled to recover under the rules of law, declared by the...

...plaintiff to prove that the consideration received for the mill was $18,000. The court did instruct the jury that the burden of proof was upon the plaintiff to sustain his claim, and also stated in detail that he claimed to have disposed of the mill at a consideration...