Travelers Ins. Co. v. Gath

MARSHALL, CJ.

1. An instruction to the jury upon the subject of the preponderance of evidence which states that the “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” is not reversible error.

2. The word “offered” in a charge is not prejudicial where the record does not disclose that any evidence was offered by either party in the presence of the jury and thereafter rejected by the court and where it does not appear that the ‘ word “offered” refers to its having been…