San Antonio Traction Co. v. Urban

On Motion for Rehearing.

[3] Appellee, in her motion for rehearing, urgently insists that, even if the paragraph of the court’s charge complained of bears the construction placed upon it by this court, yet it is not affirmative error, because it is not a misdirection of the jury, but is a mere omission by the court to charge in that connection upon the defensive theory of appellant. It is contended that the charge as given was not erroneous, “but a failure to give an instruction which the appellant had a right to demand,” and that a charge, which appellant contends would have been correct if…