St. Louis, B. & M. Ry. Co. v. Cole

It is insisted in plaintiff in error’s motion for rehearing that but one juror out of eight who testified on the hearing of the motion for a new trial gave testimony to support the finding implied by us to the trial court that the misconduct of the jury complained of did not occur. This statement is not supported by the record, as two jurors testified positively to such facts. In fact, we think a fair construction of the testimony heard ,on the motion for new trial shows that three jurors so testified.

We were in error in stating in the original opinion that one of the jurors who so testified…