170.06.02. Boiler Inspection Act-Burden of Proof
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170.06.02 Boiler Inspection Act--Burden of Proof The plaintiff has the burden of proving each of the following propositions: First, that the [plaintiff was injured] [decedent was killed] while the [plaintiff] [decedent] was engaged in the course of his employment by the railroad. Second, that the railroad violated the Boiler Inspection Act in one of the ways claimed by the plaintiff as stated in these instructions. Third, that the [plaintiff's injury] [decedent's death] resulted, in whole or in part, from a violation of the Boiler Inspection Act. If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff. If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the railroad.