Elston v. Sherman Coca-Cola & Dr. Pepper Co.

HUTCHINSON, Justice.

This appeal complains of the refusal of the trial court to receive evidence of alleged jury misconduct at the hearing on a motion for a new trial. Appellant, Philip C. Elston, instituted this suit against appellee, Sherman Coca-Cola and Dr. Pepper Company, seeking recovery of damages for personal injuries sustained in a motor vehicle accident. In response to special issues, the jury found negligence proximately causing the accident to be 40% on the part of appellant and 60% on the part of the appellee and assessed damages in the sum of $6,400.00. Judgment was entered for…