St. Louis Southwestern Ry. Co. of Texas v. Austin

WILLSON, O. J.

(after stating the facts as. above). Each of the three contentions presented by the assignments is based upon the action of the trial court in refusing instruction to the jury requested by appellant.

It is insisted, first, that the court erred when he refused appellant’s request to submit to the jury an issue as to whether the method it adopted “for fastening the shoe to the jaws of the frame” was the method it “usually and customarily” pursued “while wheeling its locomotives over the pit in question and with the crane used at the time of the accident,” and an issue as to…