Terry v. Plateau Electric Cooperative
Court of Appeals of Tennessee
1DissentFranks, Judge
I disagree with giving any consideration to the jurors’ affidavits. Essentially, all of the matters alluded to in the affidavits should be excluded pursuant to Rule 606(b), Tennessee Rules of Evidence. The majority, by considering these affidavits, is allowing the jury to impeach its verdict, prohibited by a long followed, familiar rule requiring no citations.
More important, I cannot agree with the majority’s analysis which confuses two separate and distinct bases of error. It is reversible error to willfully interject into the record by way of evidence or argument the matter of liability…
2Cases cited4 opinions
- Wolfe v. VaughnTennessee Supreme Court · 1941
- Marshall v. North Branch Transfer Co.Tennessee Supreme Court · 1933
- Lovin v. StanleyCourt of Appeals of Tennessee · 1973
- Littrell v. Smith ex rel. SmithTennessee Supreme Court · 1958