What is the burden of proof in this case?
California, United States of America
The following excerpt is from Schumacher v. Bedford Truck Lines, 153 Cal.App.2d 287, 314 P.2d 485 (Cal. App. 1957):
Appellants cite no California case in support of this contention but cite a number of cases from other states which they claim support their contention. However, we do not believe that these cases, properly analyzed, support appellants' contention, nor do we believe that the instruction, taken as a whole, is erroneous. And, as pointed out by respondents, in the instant case the court explained at length plaintiffs' burden of proof, giving all of defendants' requested instructions (Nos. 10, 7, 22, 30 and 31), and in defendants' instruction No. 30 the words 'fair preponderance' are used. Appellants have cited two cases from other jurisdictions to the effect that a charge that
Page 492
In People v. Miller, 171 Cal. 649, at page 658, 154 P. 468, at page 472, the court said:
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