Weinfeld v. Riteway Construction Corp.

In this action, brought to recover damages for personal injuries, the court after the conclusion of its main charge to the jury, at the request of counsel for the defendant, charged: “ If the jury is in doubt as to how this accident occurred or cannot determine after weighing .the credible, believable evidence, their verdict must be for the defendant.”

Plaintiff’s counsel by appropriate exception called the court’s attention to the fact that this charge “ calls for the application of the reasonable doubt doctrine and not the preponderance of the evidence.”

The court, however, refused to correct…