City of Sylvania v. Miller

Worrill, Justice.

1, 2, 4, 5. The rulings announced in the first, second, fourth, and fifth headnotes do not require elaboration.

3. The third special ground complains because the trial court, after charging that the burden of proving the petitioner’s case was upon her, instructed the jury: “Likewise, the same burden rests upon the defendant in this case to satisfy the jury by a preponderance of the evidence of their contentions, that is, that they have not trespassed upon any of the property of the plaintiff in this case.”

It is plain from the record that, on the trial of the case, the…