Texas P. Ry. v. Whittington

(after stating the facts as above). Appellant insists the burden was on appellee to prove, and she did not, it asserts, that it was necessary for her to have assistance in descending the stairway; that it knew it; and that its failure to render such assistance was the proximate cause of her falling as she did. Therefore, it insists further, the trial court erred when he refused its request that he instruct the jury to return a verdict in its favor.

We think the contention should be overruled, for, notwithstanding testimony showing appellee to have been a strong, healthy woman, well able to…