CITY OF AUSTIN v. POWELL

No. A-6081.

299 S.W.2d 273 (1957)

CITY OF AUSTIN, Petitioner, v. Leroy POWELL, Respondent.

Supreme Court of Texas.

February 27, 1957.


Attorney(s) appearing for the Case

Doren Eskew, City Atty., Austin, Robert J. Potts, Jr., and Thomas P. deSteiguer, Asst. City Attys., for petitioner.

Victor B. Rogers and Jerry LeMond, Austin, for respondent.


NORVELL, Justice.

The controlling question here presented is whether a trial court's error in failing to fix the burden of proof on a special issue may be preserved by an objection unaccompanied by a request for a special instruction. This calls for a construction of Rules 277 and 279 of the Texas Rules of Civil Procedure. The Court of Civil Appeals, while recognizing that the failure to fix the burden of proof constitutes error, held that petitioner-defendant waived...

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