Ball v. Marquis

Complaint is made of two instructions — - 1. instructions: preponderance of evidence, tbe fifth and eleventh. The fifth related to - .. • the term preponderance of the evidence, and reads as follows:

“The burden of the proof is upon the plaintiff to establish each and every particular fact necessary to prove his cause of action by a preponderance of evidence. By the term ‘preponderance of the evidence’ is meant that greater and superior weight of the testimony as reasonably satisfies your minds. Preponderance is not alone determined by the num*666ber of witnesses testifying to a "particular fact…