Texas Midland Railroad v. Jumper

BOOKHOUT, Associate Justice.

S. J. Jumper sued the Texas Midland Railroad for $1000 for injuries to his right eye, alleged to have been caused on December 17, 1898, while a passenger on appellant’s south-bound passenger train, by the negligent emission of a red-hot cinder from the engine. The case was tried December 22, 1899,, before a jury, and verdict and judgment rendered against defendant for $1000. Defendant has appealed.

Appellant’s second assignment of error complains of the following charge given to the jury at the request of the plaintiff: “The burden of proof is on the plaintiff to…