Missouri Pacific R'y Co. v. Christman

Citations

• 65 Tex. 369
• 1886 Tex. LEXIS 670

Syllabus

<p>1. Charge of court—Weight of evidence—Province of jury—Whether there has been evidence of incompetency, or whether there were circumstances which might be considered, in connection with such evidence, sufficient to show incompetency, are questions exclusively for the jury to determine ; and a charge which assumes the existence of such evidence and of such circumstances, violates the rule which forbids a judge to charge upon the weight of evidence.</p> <p>2 Same—Admissibility of evidence—Province of court—It is for the court to .determine the admissibility of evidence. It also has the power, on a motion for new trial, to declare whether sufficient evidence has been offered, and this power should be judiciously exercised; but a charge which, in effect, may induce the jury to believe that in the opinion of the judge there is evidence sufficient to prove, or strongly tending to prove, a controverted fact, is objectionable.</p> <p>3. Evidence—Competency or incompetency of one to perform a certain duty not dependent on race or color—The competency or incompetency of a person to perform a given duty, cannot, in the absence of some law so declaring, be made to depend on race or color; but, in each case, this must depend upon intelligence to know, and ability and disposition to perform, the duties pertaining to any given position.</p> <p>4. Same—Burden of proof—Proof of facts which show the non-existence of such intelligence, ability or disposition, must be made by the party who asserts its non-existence. The law does not presume it because the person whose qualities are the subject of investigation may be of one or another race or color; nor is a jury at liberty to infer it from such fact.</p>