Sims v. Johnson

Pope, Judge.

Plaintiff sued defendant for injuries incurred in an automobile accident. The jury returned a verdict in favor of defendant, and plaintiff brings this appeal assigning error to that portion of the trial court’s jury charge on equally balanced evidence. After charging on the burden of proof and the preponderance of the evidence, the court charged: “I instruct you that if in the opinion of the jury the evidence on each side is equally balanced, if you the jury believe the witnesses on each side equally credible, if you the jury believe the evidence is just as strong on one side as…