Peden Iron & Steel Co. v. Jaimes

Plaintiff in error seeks a reversal of the judgments of the Court of Civil Appeals and of the district court for error in the court’s charge on the burden of proof In relation to contributory negligence.

The court charged the jury as follows:

“The burden of proof is upon the plaintiff to establish the facts necessary to a recovery by him by a .preponderance of the evidence. The burden of proof is upon the defendant to establish to your satisfaction the contributory negligence of the plaintiff.”

These two charges are found at the close of the court’s charge and are given in the same connection.…