Texas & New Orleans Railroad v. Neill

— On the question of whether the railroad company was entitled to have submitted to the jury a specific special issue as to the existence of a custom of not having a switchman riding kicked or shunted cars, we observe that upon its request the following issue was submitted to the jury:

“Did Alvah Neill know that in passing the lead track there would be probable danger from a car kicked without a switchman riding it?” To which the jury answered “No.”

As an intelligent employee of many years experience in this particular switch yard Neill necessarily knew the custom which obtained in regard to a…