Lewis v. State Highway Department

Eberhardt, Judge.

Error is assigned on the following charge as being unsound as an abstract statement of law (ground 6) and as confusing, misleading and argumentative (ground 7): “The law further provides that the burden of proof generally lies upon the party asserting a fact. Therefore, where the condemnee asserts the compensation to be paid, to which she is justly entitled, is greater than that shown by the condemnor’s evidence, then the law places upon her likewise the burden to prove by a preponderance of the evidence that such .assertion on her part is true.”

We agree that the charge is…