Lake v. Callis

Collins, J.,

delivered the following dissenting opinion.

In the majority opinion in this case it is stated that the appellees took the position that the burden of proof was on the appellant, while the appellant argued that the burden of proof was on the appellees. It is also stated: “As both sides preferred to argue doubtful inferences from facts not proved though available, rather than to prove the facts, the record was left in a very incomplete state.” (Italics supplied here). I cannot agree that the burden of proof was on the appellees in this case. Both the appellant and the appellees are…