Towberman v. Des Moines City Railway Co.

Plaintiff’s automobile was being driven along East Walnut Street in the city of Des Moines in an easterly direction by the wife of plaintiff. She claims that she stopped her car by reason of a traffic jam ahead of her, and that, while her car was in this position, a street car of defendant’s, comma: from the rear, collided with the automobile, and hence the damages claimed. In one of the instructions given by the court, the jury were told that the burden of proof rested on plaintiff to prove by a preponderance of the evidence the materiality of this petition, which materiality was then set…