INSTRUCTION NO. ________

        In this suit there is not only the complaint of the plaintiff(s), but also the third-party (cross) complaint of the defendant(s).

        In order for the plaintiff(s) to recover, he (they) has (have) the burden of proving each of the following propositions:

        [The specific facts are not reiterated here. The ultimate facts required to be proved to obtain the claimed relief are concisely stated here. They should be set forth in appropriate order. Numbered paragraphs are recommended.]

        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(s) as to his (their) complaint. 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(s) as to the plaintiff’s(s’) complaint.

        In order for the defendant(s) to recover on his (their) third-party (cross) complaint, he (they) has (have) the burden of proving each of the following propositions:

        [The specific facts are not reiterated here. The ultimate facts required to be proved to obtain the claimed relief are concisely stated here. They should be set forth in appropriate order. Numbered paragraphs are recommended.]

        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 defendant(s) as to his (their) third-party complaint. If you find that any of these propositions has not been proved, then your verdict should be for the third-party (cross) defendant(s) as to the third-party (cross) complaint.

IDJI 164.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________