Standard Machinery Co. v. Holton

Blandford, Justice.

This was an action brought by the plaintiff in error against the defendants in error upon an account. A verdict was had for the defendants, and the plaintiff moved for a new trial upon several grounds, one of which was as follows :(4) Because the court erred in charging the jury that “ if the plaintiff -fails to make out his case, or if you have any doubt as to whether the plaintiff has made out his case fully, the defendant should have a verdict, because it is the plaintiff’s duty to make out his case before he is entitled to recover.” "Wé think this charge was error, as…