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 con-tested 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 npon the other side. Shinn v. Tucker, 37 Ark. 688. And see Hoff-man v. Loud, 111 Mich. 158, 69 N. W. 231; willcox v. Hines, 100 Tenn. 524, 45 8. W. 781, 66 Am. St Rep. 761; Mortimer v. McMullen, 202 IU. 413, 67 N. E. 20; Bryan v. Chicago, etc., R. Go., 63 Iowa, 464, 19 N. W. 295
Source: Black’s Law Dictionary 2nd Ed (1910)
