Callahan v. Fleischman Co.

No extended citation of authorities is needed for the well established rule of law that in civil proceedings the burden of proof is sustained by a fair preponderance of the evidence, and that proof beyond reasonable doubt is not essential. Grella v. Lewis Wharf Co. 211 Mass. 54, 58. An instruction to jurors in civil cases that all reasonable doubt must be removed before they can properly reach a verdict is erroneous. Yet it may be proper to instruct them with regard to doubt. The preponderance which determines the verdict must be á preponderance of credible testimony, not “a balance of…