Whitehead v. Seymour

Deen, Judge.

The court instructed the jury: “The burden of proof is on the plaintiff, Mr. Whitehead; and in order for him to obtain a verdict in his favor by you the burden is on him to prove by a preponderance of the evidence not only that the defendants were negligent in one or more of the ways set forth in the plaintiff’s petition but also that such negligence by the defendants was the proximate cause of his damage, if any.” He then stated: “In addition to the foregoing, the burden is also on the plaintiff to prove by a preponderance of the evidence that he could not have avoided the damage…