Section 38 Order of Trial and Burden of Proof

• Library: Condemnation Practice 2009

Contrary to normal trial procedure, the defendant presents its evidence first and carries the burden of establishing that the defendant has sustained damage and the amount of the damage. City of St. Louis v. Kisling, 318 S.W.2d 221 (Mo. 1958); State ex rel. Mo. Highway & Transp. Comm’n v. Union Terminal Ry....