Railway Exp. Agency, Inc. v. Cunigim

RICE, Judge.

The suit was by appellee against appellant claiming damages for personal injuries received by being run “into or against” by an automobile truck.

Appellee requested, and the court gave to the jury, at his request, a number of written charges — specifically, thirty-eight of them.

One of these charges was in the following language, to wit: '

“18. The Court charges the jury that if the plaintiff and his witnesses testify to one version of the transaction alleged in the complaint, and if defendant and its witnesses testify to another, then if that given by the plaintiff and his witnesses…