Service Casualty Co. v. Carr

Townsend, Judge.

The defendant insurance company was the movant in the plea to the jurisdiction and had the burden of sustaining its allegations by proper proof. From the record it appears that it first offered a deposition of one of its employees and rested; the defendant “thereupon moved the court to grant a nonsuit, -and subject to such motion moved the court to direct a verdict in his favor” on stated grounds, and the trial court allowed the defendant to present further evidence, ruling that he had no discretion to refuse to allow the motion.

Since it does not appear that the plaintiff, who…