road and they drove through a dust cloud. She stated when they backed up, they saw March's truck in the ditch.
Paul Jenson testified that the truck passed them several times and stated that the truck was weaving across the roadway and shoulder and almost struck the front of their car on one occasion. He stated that when he attempted to call the driver on his CB, the response was "weird." He testified it was after the truck again passed them at a high rate of speed, swerving, that he became concerned for the safety of the others on the road and tried to follow the truck while calling for help. Finally, the jury received the traffic collision report in which the investigating officer noted an odor of alcoholicbeverage about March's body.
Given the evidence of March's speeding, swerving and near collisions, the presence of alcohol containers at the accident site, the odor of alcohol on March's person and the presence of alcohol in his bloodstream, the jury's finding that March was not in the course of his employment is supported by probative evidence. Points of error one and two are overruled.
In points five and six, the Marches complain that the court's charge placed the burden of disproving intoxication on them and constituted an impermissible comment on the weight of the evidence. The special issue in question reads:
ISSUE NO. 1.
Do you find from a preponderance of the evidence that Anthony E. March received such injury in the course of his employment by REB Transportation, Inc., on March