Legal Opinion · Dissent

Lemaster v. Chaney & Son Gas Co.

Court of Appeals of Texas

Decided January 29, 1976No. 4848Published

1DissentMcCLOUD, Chief Justice

I dissent. Plaintiffs proved an overt act of material jury misconduct which resulted in probable injury.

Juror Bledsoe testified that while they were discussing the issues covering the con-*724duet of Gayle Chaney, he overheard someone say that Chaney did not have any insurance. He said he thought it was Juror Housh who made the statement. He said that up to that point, Housh had done a good bit of talking on the questions. Bled-soe stated it seemed to him there was more than one reference made about insurance and such references were made at “the early part of the time we was in there” while they…

2Cases cited4 opinions

  1. Barrington v. DuncanTexas Supreme Court · 1943
  2. Rojas v. VuocoloTexas Supreme Court · 1944
  3. Eichelberger v. RankinCourt of Appeals of Texas · 1955
  4. Great Western Inv. Co. v. ScottCourt of Appeals of Texas · 1952

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