Walker Electrical Co. v. Sullivan

(After stating the foregoing facts.) 1. This is an action based on a violation of a contract of bailment. -In special ground 1 of the motion for a new trial, error is assigned on the failure of the trial judge to charge the provision of Code § 12-104, as to burden of proof, which is as follows: “In all cases of bailment after proof of loss, the burden of proof is on the bailee to show proper diligence.” In special ground 2, error is assigned on excerpts from the charge of the court as follows: “The effect of the pleadings, gentlemen of the jury, is to put the burden of proof on the plaintiff,…