Legal Opinion · Dissent

Property Owners Improvement District No. 247 of Pulaski County v. Williford

Court of Appeals of Arkansas

Decided December 23, 1992No. CA 91-369Published

1DissentJohn E. Jennings, Judge

The circuit judge’s instructions to the jury were entirely correct and afford no ground for reversal.

Appellant’s proffered instruction number seven was AMI 202, the general instruction on burden of proof:

A party who has the burden of proof on a proposition must establish it by a preponderance of the evidence, unless the proposition is so established by other proof in the case. “Preponderance of the evidence” means the greater weight of evidence. The greater weight of evidence is not necessarily established by the greater number of witnesses testifying to any fact or state of facts. It is the…

2Cases cited19 opinions

  1. L. R. Junction Ry. v. WoodruffSupreme Court of Arkansas · 1887
  2. Morrissey v. Department of HighwaysSupreme Court of Pennsylvania · 1967
  3. St. Louis, Arkansas & Texas Railroad v. AndersonSupreme Court of Arkansas · 1882
  4. State v. 45,621 Square Feet of LandAlaska Supreme Court · 1970
  5. Reese v. StateCourt of Appeals of Arkansas · 1988

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