Funkhouser v. Wagner

We have examined the evidence in this case, and think it sustains the verdict.

The modification by the court, of the 7th instruction asked by the defendant,.was obviously proper.

The two refused instructions asked by the defendant, were to the effect, that if the team hired by the defendant was in good condition when taken by him, and was not returned in such condition, and if the defendant had shown prima facie that he took ordinary care of the team, then the plaintiff must show, by a preponderance of testimony, that defendant misused the team so as to cause the injury complained of.

The rule…