Texas Supreme Court
Martha Jane Lee v. International and Great Northern Railway Company.
May 25, 189689 Tex. 583
Summary
The Texas Supreme Court held that the railway company bears the burden of proving contributory negligence, that the lower appellate court erred in treating the contributory negligence issue as a matter of law, and that the Supreme Court has jurisdiction to review the case because the appellate decision practically settled the case. Accordingly, the judgment was reversed and remanded for a new trial.