Traders & General Ins. Co. v. Wright

Undoubtedly the decisions of this state support the proposition that if, in the trial of a civil case, evidence admissible in rebuttal of issues tendered by the plaintiff’s pleadings and joined by defendant’s general denial will support the finding of a fact constituting a complete defense to plaintiff’s cause of action, it is the duty of the court, if the case be submitted upon special issues, to submit an issue calling for a finding of such fact; and to submit it so as to place the burden of proof upon the plaintiff. The parent case so holding is Colorado & S. Ry. Co. v. Rowe (Tex.Com.App.)…