Texas Supreme Court

Gulf, Colorado & Santa Fe Railway Company v. T. D. Shieder

April 8, 189528 L.R.A. 538

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals' judgment, holding that the trial court correctly placed the burden of proving contributory negligence on the railroad defendant, properly refused a special charge that would have declared a duty of care as a matter of law, and correctly excluded evidence regarding the plaintiff's alleged knowledge of train speed. The court reiterated that no presumption of negligence arises from injury and that the general rule places the burden on the defendant, subject to two narrow exceptions.