Millender v. Looper

The first special ground of the plaintiff’s motion for a new trial complains of the trial judge’s charge to the jury, that “The effect of the defendant’s answer is to place upon the plaintiff the burden of establishing his right to recover by a preponderance of the evidence,” which followed his summary of the pleadings, in which he charged, in part, that the defendant in his answer admitted renting space in his warehouse to the plaintiff for $25 per month and issuing receipts to the plaintiff for 65 rolls of sheeting, but further contended that all of the rolls of sheeting stored had been…