Casstevens v. Texas & Pacific Railway Co.

In this case, on motion for new trial, the undisputed testimony disclosed that a jury verdict was found in the following manner:

First: The initial vote by the jurymen on the first of more than twenty-six special issues resulted in three or four jurors voting to answer the question submitted in the affirmative and the remaining jurors voting to answer it in the negative.

Second: Argument among the jurors having failed to secure agreement on the true answer to the first question, the foreman suggested that each question be answered in accordance with the vote of a majority. The suggestion was…