Mayes v. McKeithen

In re: Gurthie A. Mayes and Charlie G. Garner applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 213 So. 2d 340 . Writ refused. On the facts found by the Court of Appeal there is no error in the judgment. SANDERS, Justice. I am of the opinion a writ should be granted. The judgment of the Court of Appeal contains what appears to be a misstatement of the law governing the burden of proof in civil actions. Evidence showing that the existence of a disputed fact is more probable than not satisfies • the burden of proof. See Town of Slidell v. Temple, 246 La. 137 , 164 So.2d 276 ; Dunphy v. Liberty Mutual Insurance Company, La.App., 177 So.2d 610 ; Southern Farm Bureau Casualty Ins. Co. v. Florane, La.App., 173 So.2d 545 ; 1 Jones, The Law of Evidence, § 4, p. 6 (1938). Whether or not the misstatement of the burden of proof produced an incorrect result cannot be determined without a reexamination of the evidence. Hence, the record should be brought to this Court for review.