Horner v. Flynn

POMEROY, Justice.

Of the many interesting issues raised by this defendant’s appeal from a judgment entered on a jury verdict in favor of the plaintiff, one issue stands out as requiring extensive analysis and discussion.

The complaint alleged fraud.

The defendant requested the presiding Justice to instruct the jurors they could return a verdict for the plaintiff only if the evidence of fraud was "clear and convincing”

This the presiding Justice refused to do.

Instead he instructed the jury it was the responsibility of the plaintiff to persuade the jurors “by a fair preponderance of the evidence”…