Holliday v. Bradley

(after stating the facts as above). At the trial the court instructed the jury that—

‘Tu a civil case the preponderance of the evidence is on the plaintiff.”

Appellant objected to the instruction, and requested the court, instead of it, to instruct the, jury that—

In all civil cases “the burden of proof is on the plaintiff to make out his case by a preponderance of the evidence, and unless he has done so in this case it will be your duty to find for the defendant.”

The instruction given was meaningless, and it was error to give it and to refuse to give the correct instruction requested by…