Rowell v. Woodard

Plaintiff, suing on open account, obtained a judgment for $151 as tbe balance due on a bill of cross-ties. Defendant excepts to the refusal to grant a new trial, basing his contentions upon two grounds: (1) that the court erred in charging the jury that ‘‘ in this case you will find in favor of that party plaintiff or defendant with whom you find a preponderance <rf the testimony lies upon the issue involved,” without in this connection or elsewhere charging upon the burden of proof; and (2) that the evidence failed to prove the amount of the indebtedness fixed by the verdict. Held:

1. In…