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10 Missouri opinions name it 2 courts 1877–2019 0 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Clapper v. Lakingreen2 sentences2019Comm'n of the State of Missouri, 328 S.W.3d 329, 342 (Mo. App. W.D. 2010).13 “If 12 See also Clapper v. Lakin, 343 Mo. 710, 723 , 123 S.W.2d 27, 33 (Mo. 1938) (“The burden of proof, meaning the obligation to establish the truth of the claim by preponderance of the evidence, rests throughout upon the party asserting the affirmative of the issue[.]”). 13 Spire cites Cardwell v. Treasurer of State of Missouri, 249 S.W.3d 902 (Mo. App. E.D. 2008) for the proposition that the PSC may not “arbitrarily disregard and ignore competent, substantial and undisputed evidence of witnesses who were not impea 2019Comm'n of the State of Missouri, 328 S.W.3d 329, 342 (Mo. App. W.D. 2010).13 “If 12 See also Clapper v. Lakin, 343 Mo. 710, 723 , 123 S.W.2d 27, 33 (Mo. 1938) (“The burden of proof, meaning the obligation to establish the truth of the claim by preponderance of the evidence, rests throughout upon the party asserting the affirmative of the issue[.]”). 13 Spire cites Cardwell v. Treasurer of State of Missouri, 249 S.W.3d 902 (Mo. App. E.D. 2008) for the proposition that the PSC may not “arbitrarily disregard and ignore competent, substantial and undisputed evidence of witnesses who were not impea | 1 | 3 |
State Ex Rel. Praxair, Inc. v. Public Service Commissiongreen1 sentence2019Comm'n of the State of Missouri, 328 S.W.3d 329, 342 (Mo. App. W.D. 2010).13 “If 12 See also Clapper v. Lakin, 343 Mo. 710, 723 , 123 S.W.2d 27, 33 (Mo. 1938) (“The burden of proof, meaning the obligation to establish the truth of the claim by preponderance of the evidence, rests throughout upon the party asserting the affirmative of the issue[.]”). 13 Spire cites Cardwell v. Treasurer of State of Missouri, 249 S.W.3d 902 (Mo. App. E.D. 2008) for the proposition that the PSC may not “arbitrarily disregard and ignore competent, substantial and undisputed evidence of witnesses who were not impea | 1 | 1 |
White v. Director of Revenuegreen1 sentence2019Comm'n of the State of Missouri, 328 S.W.3d 329, 342 (Mo. App. W.D. 2010).13 “If 12 See also Clapper v. Lakin, 343 Mo. 710, 723 , 123 S.W.2d 27, 33 (Mo. 1938) (“The burden of proof, meaning the obligation to establish the truth of the claim by preponderance of the evidence, rests throughout upon the party asserting the affirmative of the issue[.]”). 13 Spire cites Cardwell v. Treasurer of State of Missouri, 249 S.W.3d 902 (Mo. App. E.D. 2008) for the proposition that the PSC may not “arbitrarily disregard and ignore competent, substantial and undisputed evidence of witnesses who were not impea | 1 | 1 |
Cardwell v. Treasurer of State of Missourigreen2 sentences2019Comm'n of the State of Missouri, 328 S.W.3d 329, 342 (Mo. App. W.D. 2010).13 “If 12 See also Clapper v. Lakin, 343 Mo. 710, 723 , 123 S.W.2d 27, 33 (Mo. 1938) (“The burden of proof, meaning the obligation to establish the truth of the claim by preponderance of the evidence, rests throughout upon the party asserting the affirmative of the issue[.]”). 13 Spire cites Cardwell v. Treasurer of State of Missouri, 249 S.W.3d 902 (Mo. App. E.D. 2008) for the proposition that the PSC may not “arbitrarily disregard and ignore competent, substantial and undisputed evidence of witnesses who were not impea 2019Comm'n of the State of Missouri, 328 S.W.3d 329, 342 (Mo. App. W.D. 2010).13 “If 12 See also Clapper v. Lakin, 343 Mo. 710, 723 , 123 S.W.2d 27, 33 (Mo. 1938) (“The burden of proof, meaning the obligation to establish the truth of the claim by preponderance of the evidence, rests throughout upon the party asserting the affirmative of the issue[.]”). 13 Spire cites Cardwell v. Treasurer of State of Missouri, 249 S.W.3d 902 (Mo. App. E.D. 2008) for the proposition that the PSC may not “arbitrarily disregard and ignore competent, substantial and undisputed evidence of witnesses who were not impea | 1 | 1 |
Falzone v. Buschgreen2 sentences1983However, the problem of tracing a causal connection from negligence to injury is not peculiar to cases without impact and occurs in all types of personal injury litigation. * * * in any event, difficulty of proof should not bar the plaintiff from the opportunity of attempting to convince the trier of fact of the truth of her claim.’ Falzone v. Busch, 45 N.J. 559, 561 , 214 A.2d 12, 15-16 (1965). 1983However, the problem of tracing a causal connection from negligence to injury is not peculiar to cases without impact and occurs in all types of personal injury litigation. * * * in any event, difficulty of proof should not bar the plaintiff from the opportunity of attempting to convince the trier of fact of the truth of her claim.’ Falzone v. Busch, 45 N.J. 559, 561 , 214 A.2d 12, 15-16 (1965). | 1 | 1 |
State v. Jacksongreen2 sentences1978Neither its exact phrasing nor its application in a given instance, should be made to occupy the time of the highest Courts.’ ” State v. Jackson, 346 Mo. 474, 481 , 142 S.W.2d 45, 49 [5, 6] (1940); 3 Wigmore on Evidence, Chadbourn Revision, § 689(2), p. 12. 1978Neither its exact phrasing nor its application in a given instance, should be made to occupy the time of the highest Courts.’ ” State v. Jackson, 346 Mo. 474, 481 , 142 S.W.2d 45, 49 [5, 6] (1940); 3 Wigmore on Evidence, Chadbourn Revision, § 689(2), p. 12. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Downs v. Horton
green
2 sentences2006This burden of proof never shifts during the course of the trial.” Id. (emphasis added). 1955This burden of proof never shifts during the course of the trial.’ Downs v. Horton, 287 Mo. 414 , 230 S.W. 103, 108 .” Clapper v. Lakin, 343 Mo. 710 , 123 S.W.2d 27 , loc. cit. 33. | 3 | 1944–2006 |
Elbers v. Smith
green
1 sentence2003Goad, 926 S.W.2d at 156 . | 1 | 2003–2003 |
Hamilton v. Marks
green
1 sentence1921This burden of proof never shifts during the course of the trial. [10 R.C.L. 897.] The writer of the opinion in Link v. Jackson, 158 Mo. App. 63 , 87, says: "Under Section 10029, Revised Statutes 1909 (now Sec. 845, R.S. 1919.)] `burden of proof,' as therein provided, is used in the strict sense of `burden of proof,' and not in the sense of `burden of evidence,'" and he cites Hamilton v. Marks, supra, as supporting that proposition. | 1 | 1921–1921 |
Link v. Jackson
neutral
1 sentence1921This burden of proof never shifts during the course of the trial. [10 R.C.L. 897.] The writer of the opinion in Link v. Jackson, 158 Mo. App. 63 , 87, says: "Under Section 10029, Revised Statutes 1909 (now Sec. 845, R.S. 1919.)] `burden of proof,' as therein provided, is used in the strict sense of `burden of proof,' and not in the sense of `burden of evidence,'" and he cites Hamilton v. Marks, supra, as supporting that proposition. | 1 | 1921–1921 |
Baird v. Citizens' Railway Co.
green
1 sentence1909Co., 146 Mo. 265 , l. c. 281, 282; 2 Thompson on Trials, section 1663.] Keeping these wholesome rules of the law in view and weighing the testimony in the light thereof, could fair-minded persons differ as to the issue involved in this case, or could but one result follow? | 1 | 1909–1909 |
Stokes v. . People of the State of N.Y.
green
1 sentence1877In Stokes’ case 53 N. Y. 164 , Rapallo, J., said: “ The jury must be satisfied on the whole evidence of the guilt of the accused; and it is clear error to charge them when the prosecution has made out a prima facie ease, and evidence has been introduced tending to show a defense, that they must convict unless they are satisfied of the truth of the defense. | 1 | 1877–1877 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.