O'Neal v. Chicago & Indiana Coal Railway Co.

— 'The appellee moved for and was awarded a judgment upon the special verdict, and the question for decision is, whether the court did right in sustaining the motion. This question must be decided upon the facts stated in the verdict, excluding mere matters of evidence and conclusions. It is also to be borne in mind that, as the appellant had the burden of proof, the facts stated in the verdict must show a cause of action or this appeal can not be sustained, for it is well settled that defects in special verdicts can not be supplied by intendment, and that a party who has *111the burden can not…