Legal Opinion · Concurrence

Inglett v. Commercial Standard Insurance Co.

Court of Appeals of Texas

Decided April 30, 1943No. 2361Published

1ConcurrenceFunderburk, Justice

The writer is of opinion that no material misconduct of jurors was shown. The alleged misconduct is not material because it was not of such nature as, under the circumstances, was reasonably calculated to prejudice the rights of the appellant. Not being reasonably calculated to prejudice his rights, there is no ground for a presumption that it did so. In the absence of any such presumption it naturally is not made to appear to this court that the action of the court below in overruling the motion for new trial was not the proper action.

It is, however, with the keenest regret that I am in no…

2Cases cited8 opinions

  1. Barrington v. DuncanTexas Supreme Court · 1943
  2. Missouri, Kansas & Texas Railway Co. v. HannigTexas Supreme Court · 1897
  3. Bell v. BlackwellTexas Commission of Appeals · 1926
  4. Sproles Motor Freight Lines, Inc. v. LongTexas Supreme Court · 1943
  5. Millers' Indemnity Underwriters v. SchrieberCourt of Appeals of Texas · 1922

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