Rochelle Aronoff Et Al. v. Texas Turnpike Authority

In order for appellants to show that they were entitled to a jury trial notwithstanding their failure to pay the jury fee on time, it was necessary for them to negative both the conditions which might defeat their request. In other words, appellants had the burden of establishing that to allow them a jury trial (1) would not operate to injure the adverse party, and (2) would not disrupt the courts docket. On the other hand, to defeat appellants demand for a jury trial under the circumstances, appellee needed only to establish one -- either one -- of the conditions. That is to say, appellee had only to show that to allow appellants a jury trial would operate to injure appellee or would disrupt the courts docket. The record here shows that both conditions were negatived. Therefore appellants were entitled to a jury trial.