Swap Shop v. Fortune

HAMILTON, Justice.

This is a death action brought by the children of a man and wife who were killed when their automobile collided with a truck owned and driven by an employee of defendant, owner of The Swap Shop. On jury findings favorable to the defendant the trial court gave judgment to the defendant. The Court of Civil Appeals has reversed and remanded. 352 S.W.2d 148. The Swap Shop is petitioner here.

On the day after the jury had been empaneled, but before any evidence had been introduced, one of the jurors, Boudoin by name, went to the trial judge and told him that he had just discovered…