pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)

Citation: pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)
Parent Document: pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)
Jurisdiction: Vermont (state)
Effective Date: 2024-11-01
Original Source: https://www.vermontjudiciary.org/media/20324 ↗

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destroyed, and the beam inclines toward him who has the burden, however slightly. A bare
preponderance is sufficient, though the scales drop but a feather’s weight.” In re M.L., 2010 VT
5, ¶ 25 (quoting Livanovitch v. Livanovitch, 99 Vt. 327, 328 (1926) (cleaned up)). Thus, where
the conflicting evidence is of equal weight, or where the Defendant’s evidence outweighs the
Plaintiff’s, “the evidence of the [Plaintiff] does not preponderate.” In re Smith, 169 Vt. 162, 174
(1999).
10 The court relies on the credible evidence adduced at the hearing in making these findings by a preponderance of the evidence.

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