Sullins v. Pace

BOND, Chief Justice.

This appeal involves merely the sufficiency of evidence to raise the issues of “unavoidable accident” and “new independent cause,” submitted to the jury by the court in special issues in determining the liability of the appellant, defendant in the court below, for negligently operating his automobile to cause it to collide with appellee’s automobile.

The issue of “unavoidable accident” as submitted, erroneously placed the burden of proof on the defendant, when same, under the guiding authority of the Supreme Court, should have been placed on the plaintiff. The defendant…