4 Willson 313 | Tex. App. | 1891
Opinion by
§ 210. Same; contributory negligence; duty of passenger on railroad train to avoid injury. The court erred in refusing to give in charge to the jury, as applicable to the facts in the case, the first, second and third special requested instructions of defendant, as follows, viz.: ‘ ‘ (1) If you believe from the evidence that the plaintiff became ill after leaving defendant’s train, the burden of proof is on the plaintiff to prove th'at the sickness of his wife resulted from defendant’s act in requiring her to get off the train, and not from other causes; and if plaintiff has failed to do this, you will find for the defendant.” This charge was in conformity with the rules as announced in Railway Co. v. Burns, 71 Tex. 479, and Clark v. Hills, 67 Tex. 141. “ (2) If said train ran past the depot at Valley View and then stopped, and plaintiff’s wife left said train at this point, where it stopped, without objection or protest, and without requesting the conductor or
Reversed and remanded.