Ballard v. Breigh

Appellant relies to sustain tlie third assignment on the case of St. L. & S. W. Ry. Co. v. Preston, 228 S. W. 928, by the Commission Of Appeals, and Stooksbury v. Swan, 85 Tex. 563, 22 S. W. 963. In the first case the court said:

“A charge on the burden of proof is not necessary or proper in every case. The propriety of such charge depends on the state of the evidence. * •* * In such case, it is the province of the jury to find the facts, and of the court to apply the law to the facts as found. In the submission of a cause upon a general charge, requiring a general verdict, the jury is…