Tomlinson v. Briles

The evidence shows, without conflict, that work was done by the appellee in grading the bed of a railroad, and the only conflict in the evidence was as to whom •the appellee had a right to look for compensation. As there was no conflict in the evidence upon the question of performance of the work, no harm was done the appellant by the first instruction which left out the element of performance in stating the facts which it was incumbent upon him to' prove. Had there been any conflict in the evidence as to whether the appellee did do the work, then the instruction would have been erroneous,…