Eagle-Picher Mining & Smelting Co. v. Layton

The defendant has appealed from the judgment rendered upon verdict awarding damages for an alleged negligent injury resulting in death.

The question of the correctness of the giving of instruction No. 2 is presented. The instruction is as follows:

“You are instructed that the burden of proof is upon the defendant to prove by a fair weight and preponderance of the evidence all of the material allegations set forth in its answer as submitted to you in these instructions, excepting such matters as are admitted by the plaintiff to be true.”

Plaintiff’s case rested upon alleged negligent acts on the…