Missouri, K. & T. Ry. Co. of Texas v. Luten

A statement of the case is not necessary here. It is fully given in the opinan by the honorable Court of Civil Appeals, to which reference is made. 203 S. W. 909. An inspection of the court’s charge discloses error in the fourth paragraph, which is not relieved by any subsequent paragraph of the main charge, nor by any special charge given. The objections presented to this charge were that it placed -a greater burden of care upon the defendant than is imposed by law, and that it was upon the weight of the evidence.

In paragraphs 1 to 4, inclusive, the court charged the jury;

“(1) You are…