National Surety Corporation v. Moore

BATEMAN, Justice.

Workman’s compensation suit. The employee, Tom Pete Moore, alleged injury to his back on September 14, 1961, resulting in total permanent disability. The jury found his total incapacity to have been temporary for 120 weeks, followed by temporary partial incapacity for 260 weeks. The insurer, National Surety Corporation, appeals from the judgment rendered on such verdict. We reverse and remand because of prejudicial jury misconduct complained of in appellant’s first four points of error on appeal and the error asserted in Point 5.

Eight of the jurors testified at the hearing of…