Travelers' Ins. Co. v. Gath

The reversal was ordered by the Court of Appeals solely upon the ground that the trial court in its general charge said:

“The burden of proof to show the facts so that you may be justified in answering these questions in the affirmative, is upon the plaintiff.

“Burden of proof means the preponderance of evidence and evidence preponderates in favor of the disputed proposition when that offered for and in behalf outweighs or is more satisfactory to your minds than that offered to the contrary. ’ ’

The Court of Appeals criticized the use of the word “offered” and the phrase, “is more satisfactory…