Berry v. Wilson

This was an action of replevin for a steer, of which each party claimed to be the owner. The testimony was conflicting. At the instance of plaintiff, the court gave the following instruction: “Unless the jury believe from the evidence that defendant is the owner of the steer in controversy they will find for the plaintiff, and assess his damages at whatever sum the evidence shows he was damaged, not exceeding three dollars.” For the defendant the court gave the following : The court instructs the jury that the burden of proof is upon the plaintiff, and unless he satisfies the jury by a…