PREPONDERANCE

This word means something more than “weight;” it denotes a superiority of weight, or outweighing. The words are not synonymous, but substantially different There is generally a “weight” of evidence on each side in case of contested facts. But juries cannot properly act upon the weight of evidence, in favor of the one having the onus, unless it overbear, in some degree, the weight upon the other side. Shinn v. Tucker, 37 Ark. 588. And see Hoffman y. Loud, 111 Mich. 158, 69 N. W. 231; Willcox v. Hines, 100 Tenn. 524, 45 S. W. 781, 66 Am. St Rep. 761; Mortimer v. Mo-Mullen, 202 111. 413, 67 N. E. 20; Bryan v. Chicago, etc., R. Co., 63 Iowa, 464, 19 N. W. 295.