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Books Books 1 - 10 of 31 on I ask your honor to charge the jury that the burden of proof is upon the defendant....  
" I ask your honor to charge the jury that the burden of proof is upon the defendant to show the trespass casual and involuntary, and not upon the plaintiff to show it was willful. "
Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial ... - Page 629
by Massachusetts. Supreme Judicial Court - 1864
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 78

Ohio. Supreme Court - Law reports, digests, etc - 1908
...jury as requested and for error in that part of the charge above set out in which the court instructed the jury that, "the burden of proof is upon the defendant to show that the settlement was made and the release signed and executed by the plaintiff, the plaintiff...
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United States Reports, Supreme Court: Cases Argued and Adjudged in ..., Volume 6

United States. Supreme Court, William T. Otto - Law reports, digests, etc - 1878
...evidence, as to the character of the materials of the gloves. The court refused this request, but charged the jury " that the burden of proof is upon the defendant to justify his exaction of the. duty imposed, so that it is for you to be satisfied that the evidence...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 96

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Law reports, digests, etc - 1878
...evidence, as to the character of the materials of the gloves. The court refused this request, but charged the jury " that the burden of proof is upon the defendant to justify his exaction of the duty imposed, so that it is for you to be satisfied that the evidence fairly...
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The Pacific Reporter, Volume 153

Law reports, digests, etc - 1916
...prosecution, where the defendant attempts to prove an alibi, it is erroneous for the court to instruct the jury that "the burden of proof is upon the defendant to establish such a defense to the satisfaction of the jury," as the burden is upon the etate to prove...
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The Southwestern Reporter, Volume 175

Law reports, digests, etc - 1915
...customary place for pedestrians to be crossing said public street or highway. "(4) The court instructs the jury that the burden of proof is upon the defendant to show the plaintiff was guilty of contributory negligence; and, unless he does so by a preponderance...
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The American State Reports: Containing the Cases of General Value ..., Volume 1

Abraham Clark Freeman - Law reports, digests, etc - 1888
...trespass was casual or involuntary, as follows: Mr. Ball, for plaintiff: " I ask your honor to charge the jury that the burden of proof is upon the defendant to show the trespass casual and involuntary, and not upon the plaintiff to show it was willful." By the...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 31

Missouri. Courts of Appeals, Andrew Moore Berry, James Franklin Mister, Edward Augustus Lewis, Ben Eli Guthrie, David Goldsmith, John Webster North, Madison Roswell Smith, John Turner White - Law reports, digests, etc - 1888
...injuries sustained by her, not exceeding the sum of ten thousand dollars." "4. The court instructs the jury that the burden of proof is upon the defendant to show that the plaintiff, on the occasion in question, was herself guilty of negligence directly contributing...
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1893
...on a cable car, occasioned by the breaking of the grip shank, it is proper for the court to instruct the jury that " the burden of proof is upon the defendant to establish, to the reasonable satisfaction of the jury, that it could not discover any insufficiency...
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Oklahoma Reports, Volume 34

Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1912
...issues to the jury, the court, in paragraph 9 of his charge, says : "You are instructed, gentlemen of the jury, that the burden of proof is upon the defendant to show that he exercised reasonable care in the protection of the piano, and that the same was not destroyed...
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