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…give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist. (2) When a person is bound to prove the existence of any fact it is said that the burden…

…of proof lies on that person.…

…In the words of his AdvocateThe burden of proof is on the Plaintiff. No notice to sue hadbeen served.…

…It will be recalled that the burden of proof of damages is upon the plaintiff, as the person alleging loss.…

…The formal burden of proof does not shift.…

…for the plaintiff argues that in the absence of service records which were not produced, there is no evidence that tractor was being serviced as required by the manufacturers and the defendant has failed to discharge the burden…

…of proof placed on it.…

…Having radically altered his case, it was that altered case which he had to explain that had been proved to a prima facie extent, before the burden of proof passed to the respondent.…