Barton v. Thompson
Supreme Court of Iowa
Appeal from Mitchell District Court. The plaintiff alleges that the defendant willfully and malicously set fire to and caused to be burned four stacks of wheat, the property of the plaintiff, worth $275. Plaintiff claims exemplary damages in the sum of $1,000. The cause was tried by a jury, and a verdict was returned for plaintiff for $500. The motion for a new trial was overruled and judgment was entered upon the verdict. The defendant appeals.
1Opinion of the Court
Day, Ch. J.
The only question presented, which, in the state of the record, we can consider, arises upon the giving of the following instruction:
*31i evidence-degree proof: damases- *30“ The burden of the issue is such as to cast upon the plain*31tiff the burden of proving the facts charged in the petition by competent evidence and to your satisfaction of******* TTg ¡g lint required to prove it, however, beyond a reasonable doubt, and you may find for the plaintiff on less evidence than would be required to convict the defendant if he was on trial charged with the acts as a crime, but you cannot find…
2Cases cited1 opinion
- Forshee v. AbramsSupreme Court of Iowa · 1856
3Cited by12 opinions
- United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
- Continental Insurance v. JachnichenIndiana Supreme Court · 1887
- Welch v. JugenheimerSupreme Court of Iowa · 1881
- Barton v. ThompsonSupreme Court of Iowa · 1881
- Ward v. ThompsonSupreme Court of Iowa · 1878
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