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" In a damaged state, there is cast upon the defendant the burden of showing that the loss or injury did not occur through his negligence." The court, however, gave the following Instruction, which was excepted to: "You are instructed that the burden of... "
Reports of Cases at Law and in Equity Argued and Determined in the Supreme ... - Page 365
by Arkansas. Supreme Court - 1842
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1882 - 834 pages
...any unnecessary damage, they will find for defendant." The second instruction moved for defendant as follows : (2.) " In order to hold defendant liable...employees of the defendant at the time, knowing that the property of the plaintiff was in danger, as would amount to the performance or omission of some act...
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The Pacific Reporter, Volume 34

Law reports, digests, etc - 1894 - 1170 pages
...and others to the Maxwell Land-Grant Company, under which plaintiff claims title to said land." "You are instructed that the burden of proof is on the plaintiff to show that it has the legal title to, and the right of possession of, all the lauds in controversy; and unless...
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Digest of Insurance Cases, Volume 1

Insurance law - 1888 - 620 pages
...insured building shall fall, except as result of a fire, the insurance shall cease, the jury shon Id be instructed that the burden of proof is on the plaintiff to show by thf preponderance of the evidence that the fire was not caused by a hurri cane, or by the fall of...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 7

New Mexico. Supreme Court, John Abbott, Paul A. F. Walter - Law reports, digests, etc - 1897 - 746 pages
...and others to the Maxwell Land Grant Company, under which plaintiff claims title to said land." "You are instructed that the burden of proof is on the plaintiff to show that it has the legal title to, and the right of possession of, all the lands in controversy; and unless...
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The Encyclopaedia of Pleading and Practice: Under the Codes and ..., Volume 16

Civil procedure - 1899 - 1240 pages
...NW Rep. 894. See also Reber v. Herring, 115 Pa. St. 599. Burden of Proof. — When the jury has been instructed that the burden of proof is on the plaintiff to show compliance with the professional directions of the defendant, a subsequent charge that if the plaintiff...
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The Northwestern Reporter, Volume 82

Law reports, digests, etc - 1900 - 1230 pages
...through his negligence." The court, however, gave the following Instruction, which was excepted to: "You are instructed that the burden of proof is on the plaintiff to show not only Injury to the horse, but also that the Injury resulted from a want of ordinary care on the...
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The American State Reports: Containing the Cases of General Value ..., Volume 74

Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1012 pages
...vessel was ruptured in the body of deceased, then the cause of the injury was not accidental, and yon are instructed that the burden of proof is on the plaintiff to show by a preponderant of the evidence that (there) was such an unforeseen and accidental or involuntary...
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The American State Reports: Containing the Cases of General Value ..., Volume 80

Abraham Clark Freeman - Law reports, digests, etc - 1901 - 1072 pages
...through his negligence." The court, however, gave the following instruction, which was excepted to: "You are instructed that the burden of proof is on the plaintiff to show not only injury to the horse, but also that the injury resulted from a want of ordinary oare on the...
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Wisconsin Reports, Volume 106

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - Law reports, digests, etc - 1901 - 774 pages
...through his negligence." The court, however, gave the following instruction, which was excepted to: "You are instructed that the burden of proof is on the plaintiff to show not only injury to the horse, but also that the injury resulted from a want of ordinary care on the...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 106

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1901 - 780 pages
...through his negligence." The court, however, gave the following instruction, which was excepted to: "You are instructed that the burden of proof is on the plaintiff to show not only injury to the horse, but also that the injury resulted from a want of ordinary care on the...
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