Helvie v. Ratta

It is contended that the court erred in charging the jury as follows:

“The burden of proof is upon the plaintiff to establish by a preponderance of the evidence what he claims. That is, that the defendant was negligent in this particular case, and that such negligence was the sole and proximate cause of the injury to his machine. The burden is upon the plaintiff to show that he was without fault and that he was not guilty of any negligence himself which was a contributing cause of the injury, but that, on the contrary, the injury was caused solely and wholly by the negligence of the defendant.…