Baker v. Borello
California Supreme Court
The facts are stated in the opinion of the court. J. W. Knox, P. F. Dunne, and W. D. Crichton, for Appellants. The plaintiff held the affirmative of the issue as to scienter, which required proof by a preponderance of evidence. (Code Civ. Proe., see. 2061, subd. 5.) And where the evidence on that material point of liability was evenly balanced, as in this case, the defendant is entitled to the verdict. “That is a rule which ought never to be lost sight of.”
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The facts are stated in the opinion of the court. J. W. Knox, P. F. Dunne, and W. D. Crichton, for Appellants. The plaintiff held the affirmative of the issue as to scienter, which required proof by a preponderance of evidence. (Code Civ. Proe., see. 2061, subd. 5.) And where the evidence on that material point of liability was evenly balanced, as in this case, the defendant is entitled to the verdict. “That is a rule which ought never to be lost sight of.” (Baulec v. New York etc. R. R. Co., 59 N. Y. 356;1 Hayes v. Forty-Second Street etc. R. R. Co., 97 N. Y. 262; Smedis v. Brooklyn etc. R.…
1Opinion of the CourtMcFARLAND, J.
The verdict and judgment were for plaintiff in the court below, and defendants appeal from an order denying their motion for a new trial. They also took an appeal from the judgment; but that appeal was afterwards dismissed.
The action is to recover damages for personal injuries received by respondent from the kicking, trampling, etc., of an alleged vicious horse of appellants. The law governing such actions is quite fully stated in the opinion of Mr. Justice Henshaw in Clowdis v. Fresno Flume Co., 118 Cal. 315, 4 and need not be here restated.
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2Cases cited4 opinions
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Crater v. CraterCalifornia Supreme Court · 1902
- Clowdis v. Fresno Flume & Irrigation Co.California Supreme Court · 1897
- Baker v. BorelloCalifornia Supreme Court · 1901
3Cited by19 opinions
- Dewhirst v. LeopoldCalifornia Supreme Court · 1924
- Pacific Coast Casualty Co. v. PillsburyCalifornia Supreme Court · 1915
- Boa v. San Francisco-Oakland Terminal Rys.California Supreme Court · 1920
- Johnson v. Misericordia Community HospitalCourt of Appeals of Wisconsin · 1980
- Guerrieri v. SeveriniCalifornia Supreme Court · 1958
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