21.02. Burden of Proof on the Issues-Negligence-One Plaintiff And One Defendant-No Contributory Negligence

21.02 Burden of Proof on the Issues--Negligence--One Plaintiff and One Defendant--No Contributory Negligence The plaintiff has the burden of proving each of the following propositions: First, that the defendant acted or failed to act in one of the ways claimed by the plaintiff as stated to you in these instructions and that in so acting, or failing to act, the defendant was negligent; Second, that [the plaintiff was injured] [and] [the plaintiff's property was damaged]; Third, that the negligence of the defendant was a proximate cause of [the injury to the plaintiff] [and] [the damage to the plaintiff's property]. If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff. On the other hand, if you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the defendant.