El Paso Electric Co. v. Beckman

I cannot agree that supplemental issue A properly submitted the issue of unavoidable accident. It is well settled that a general denial puts upon the plaintiff the burden of proving that the injury did not result from an unavoidable accident. Galveston, H. & S. A. Ry. Co. v. Washington, 94 Tex. 510, 63 S.W.-534, 538.

If there be any evidence sufficient to support a finding that the injury was caused by some unknown cause or in some manner which is not explained, or 'under circumstances differing from those relied on and constituting a part of appellee’s case and which circumstances rebut the…