Citizens Street Railroad v. Reed

This was an action for personal injuries resulting in the death of John W. Eeed, alleged to have been sustained by reason of the appellant’s negligence and without any negligence on the part of the decedent. The trial resulted in a special verdict in the form of interrogatories and answers returned by the jury. The first alleged error of the trial court was in charging the jury that, “if the evidence is evenly balanced as to any fact inquired about in an interrogatory, then you should find that such fact does not exist.” The burden rested upon the appellee to prove by a preponderance of the…