Horton v. Benson

This cause is before us upon writ of error granted to the judgment of the Court of Civil Appeals affirming the 'judgment of the trial court for plaintiffs in a personal injury suit brought by defendants in error against plaintiff in error. 266 S. W. 213. The first and second assignments of error present the question of burden of proof as to the issue of plaintiff’s contributory negligence in running into a truck standing on the right-hand side of the road at night where there was nothing to obstruct the view, claiming that under plaintiffs’ pleadings and evidence the burden should have been…