TEXAS EMPLOYERS'INSURANCE ASSOCIATION v. Brooks

STEPHENSON, Justice.

This is a suit brought under the Workmen’s Compensation Law. Trial was by jury and judgment was rendered for plaintiff to recover 19 weeks total disability and for permanent partial disability. The sole question before this court is whether the trial court erred in not granting defendant’s motion for mistrial. The parties will be referred to here as they were in the trial court.

Testimony was heard upon such motion for mistrial and the record shows the following : One of the jurors came up to plaintiff and his wife the first day of the trial and asked them if she could ride…