Herdman-Harrison Milling Co. v. Spehr

This suit is by appellee, against appellant, to recover damages for a personal injury, alleged to have been received through its negligence. A trial in the Circuit Court of Christian county resulted in a verdict and judgment for the plaintiff, for $2,250, and costs of suit. This is an'appeal from a judgment of the Appellate Court, affirming the judgment of the Circuit Court. But one ground of reversal is now insisted upon, and that is the giving of the following instruction at the instance of the plaintiff below, viz:

‘ ‘If a preponderance of the evidence shows that the defendant, by its…