MacFadden Publications, Inc. v. Wilson

(after stating the case as above).

Complaint is made of that portion of the first paragraph of the charge in which the jury was instructed to answer the issues “from a preponderance of the evidence, that is, the greater weight and degree of credible testimony before you.”

Such an instruction has been condemned by the Supreme Court (Texas Emp. Ins. Co. v. Lemons, 125 Tex. 373, 83 S.W.2d 658, 659) and in various rulings by the Courts of Civil Appeals which need not be cited. But here each issue submitted was so • framed as to clearly indicate “i.ts own burden of proof.” The jury could not have…