District Court, D. Puerto Rico August 3, 1918, 1234 (David v. Gonzalez)

HamiltoN, Judge,

delivered tbe following opinion:

• 1. In tbis case tbe defendant was surprised by tbe motion of plaintiff on tbe pleadings at tbe trial,'in consequence of wbicb tbe court ruled tbat tbe effect of tbe imperfect denial in tbe answer was substantially an admission of tbe complaint, throwing tbe burden of proof upon tbe defendant.