Texas Supreme Court

Galveston, Harrisburg & San Antonio Railway Company v. George Washington

May 13, 190194 Tex. 510

Summary

The Texas Supreme Court held that the trial court erred by refusing to give a special jury instruction on the defense of unavoidable accident, and that such error required reversal of the judgment and remand. The Court explained that the defense of unavoidable accident need not be specially pleaded and must be submitted to the jury when raised by the evidence.