Trustees of the Carpenters for Southern Nevada Health & Welfare Trust v. Better Building Co.

*744OPINION

By the Court,

Steffen, J.:

Appellants contend the lower court committed reversible error in refusing to grant their motions for a new trial and judgment notwithstanding the verdict.

At trial, the proponent of a proposition essentially has two burdens relative to his proof. The first being to produce evidence which proves or tends to prove his position. The second burden is to persuade the trier of fact that his evidence is more credible or entitled to the greater weight. See Koesling v. Basamakis, 539 P.2d 1043 (Utah 1975).

Appellants’ proposition at trial was that they were entitled to…