Sine v. Harper

I think the main opinion fairly well covers the province of this court in determining whether the fact finder should be sustained in his conclusion that the evidence has reached the degree of proof which the issue requires.

Perhaps it may contribute to point out that the rule of Stanley v. Stanley, 97 Utah 520, 94 P. 2d 465, applies to all degrees of proof. In that case the degree of proof required was one of fair or perhaps only mere preponderence. We said (in the concurring opinion) that if, after we read the record, it seemed to us that the evidence appeared to preponderate slightly against…