Whatley v. Davis

WILLIAMS, Justice.

This appeal of appellants, E. L. Whatley and wife, plaintiffs below, from a judgment which denied them a recovery, is predicated upon alleged misconduct of the jury, in that they obtained and consulted a Webster’s Revised Dictionary and used same in determining the meaning and definition of the words “preponderance” and “proximate cause” while deliberating upon and in answering the special issues which contained these terms. The jury answered that certain negligent acts of defendant. W. G. Davis and of defendant Plorace Collins each were a proximate cause of the injuries,…