61 S.W. 386 | Tex. | 1900
The Court of Civil Appeals for the Fourth District has certified to this court the following statement and question:
"A material issue in the case was whether or not a certain verbal contract alleged by the defendants had been entered into. The plaintiff and the defendant were the only witnesses on this issue, each testifying directly contrary to the other. The court, in submitting the issue, charged the jury that the burden of proof was on the defendants to show such contract by the preponderance of the evidence.
"Was it error to instruct the jury as to the burden of proof being on one of the parties? We ask this question in view of what is announced in Railway v. Nesbitt, 11 Texas Civil Appeals, 610."
In the case of Stooksbury v. Swan,
In Railway v. Taylor,
In the case of Railway v. Syfan, 43 Southwestern Reporter, 554, Judge Williams states the rule in these words: "The court is not always required to charge on the burden of proof. The propriety of doing so depends on the state of the evidence." There might be a state of facts that would render a charge upon the burden of proof misleading and therefore improper to be given, but the mere fact that the evidence upon an issue which is submitted to the jury is conflicting does not make it improper for the court to give a charge informing the jury as to which party has the burden of proving the issue submitted to them. Railway v. Shieder,
It was not error for the trial court to give an instruction as to the burden of proof, under the facts stated with the question submitted to us.