West Texas Transp. Co. v. Hash

On Rehearing.

In response to the appellees’ motion for rehearing, we modify our original opinion in the following respects: We overrule the appellant’s assignment and proposition to the effect that the court improperly placed on the defendant the burden of proof on the issue of unavoidable accident. A re-examination of the' record1 in the light of the motion for rehearing discloses that, although the burden was misplaced on the issue, the defendant was responsible therefor. The bill of exception approved by the court certifies that the defendant’s attorneys dictated that portion of the charge.…