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" In a damaged state, there is cast upon the defendant the burden of showing that the loss or injury did not occur through his negligence." The court, however, gave the following Instruction, which was excepted to: "You are instructed that the burden of... "
Reports of Cases at Law and in Equity Argued and Determined in the Supreme ... - Σελίδα 365
των Arkansas. Supreme Court - 1842
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 834 σελίδες
...any unnecessary damage, they will find for defendant." The second instruction moved for defendant as follows : (2.) " In order to hold defendant liable...employees of the defendant at the time, knowing that the property of the plaintiff was in danger, as would amount to the performance or omission of some act...

The Pacific Reporter, Τόμος 34

1894 - 1170 σελίδες
...and others to the Maxwell Land-Grant Company, under which plaintiff claims title to said land." "You are instructed that the burden of proof is on the plaintiff to show that it has the legal title to, and the right of possession of, all the lauds in controversy; and unless...

Digest of Insurance Cases, Τόμος 1

1888 - 622 σελίδες
...insured building shall fall, except as result of a fire, the insurance shall cease, the jury shon Id be instructed that the burden of proof is on the plaintiff to show by thf preponderance of the evidence that the fire was not caused by a hurri cane, or by the fall of...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 7

New Mexico. Supreme Court, John Abbott, Paul A. F. Walter - 1897 - 746 σελίδες
...and others to the Maxwell Land Grant Company, under which plaintiff claims title to said land." "You are instructed that the burden of proof is on the plaintiff to show that it has the legal title to, and the right of possession of, all the lands in controversy; and unless...

The Encyclopaedia of Pleading and Practice: Under the Codes and ..., Τόμος 16

1899 - 1242 σελίδες
...NW Rep. 894. See also Reber v. Herring, 115 Pa. St. 599. Burden of Proof. — When the jury has been instructed that the burden of proof is on the plaintiff to show compliance with the professional directions of the defendant, a subsequent charge that if the plaintiff...

The Northwestern Reporter, Τόμος 82

1900 - 1230 σελίδες
...through his negligence." The court, however, gave the following Instruction, which was excepted to: "You are instructed that the burden of proof is on the plaintiff to show not only Injury to the horse, but also that the Injury resulted from a want of ordinary care on the...

The American State Reports: Containing the Cases of General Value ..., Τόμος 74

Abraham Clark Freeman - 1900 - 1012 σελίδες
...vessel was ruptured in the body of deceased, then the cause of the injury was not accidental, and yon are instructed that the burden of proof is on the plaintiff to show by a preponderant of the evidence that (there) was such an unforeseen and accidental or involuntary...

The American State Reports: Containing the Cases of General Value ..., Τόμος 80

Abraham Clark Freeman - 1901 - 1072 σελίδες
...through his negligence." The court, however, gave the following instruction, which was excepted to: "You are instructed that the burden of proof is on the plaintiff to show not only injury to the horse, but also that the injury resulted from a want of ordinary oare on the...

Wisconsin Reports, Τόμος 106

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1901 - 774 σελίδες
...through his negligence." The court, however, gave the following instruction, which was excepted to: "You are instructed that the burden of proof is on the plaintiff to show not only injury to the horse, but also that the injury resulted from a want of ordinary care on the...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 106

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1901 - 780 σελίδες
...through his negligence." The court, however, gave the following instruction, which was excepted to: "You are instructed that the burden of proof is on the plaintiff to show not only injury to the horse, but also that the injury resulted from a want of ordinary care on the...




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