Berry v. Branham

Opinion by

Judge Pryor:

The elementary authorities conduce to sustain the instruction given, that the jury must be satisfied from a preponderance of the testimony of the right of recovery before a verdict for the plaintiff should be given. The words “satisfied” and “preponderance” may sometimes confuse a jury, and the ordinary mind, in passing upon an issue of fact, will often suggest that which the juror believes the party ought to recover, still he is not entirely satisfied as to the correctness of the conclusion reached. He sometimes weighs the evidence by the number of witnesses or is…