Southern Railway Co. v. Wilcox

The plaintiff sought recovery for personal injuries and damages to his automobile and certain tools therein by a railroad train at a public crossing. The jury found in favor of the plaintiff and the defendant moved for a new trial which was overruled and it excepted.

The judge charged the jury in part as follows: [“Gentlemen, the burden is on the plaintiff to make out his case, and to make it out as alleged, to your satisfaction, by a preponderance of the' testimony. A preponderance of testimony is that superior weight of testimony which may not be sufficient to free your minds from a…