Young v. Woodman

Citations

• 18 N.M. 207
• 135 P. 86

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Neither the rule to the effect that where the facts required to he shown are of a negative character, the burden of evidence may sometimes be sustained by proof rendering probable the existence of the negative facts, nor the rule to the effect that where knowledge or means of knowledge are almost wholly with the party not having the burden of proof, when all the evidence within the power of the moving party has been produced, the burden of evidence may some times shift to the party having the knowledge or means of knowledge, excuses the party having the burden of evidence from showing, no matter with what difficulty, sufficient facts, necessarily inconsistent with the position of the adverse party, to cause the court to say that a prima facie case has been made out requiring explanation, in which event, such showing, in connection with silence of the adverse party, may be sufficient to produce positive conviction in the mind of the court or jury.</p> <p>P. 211</p>