Hicks v. Lady

Ed. F. McFaddin, Associate Justice.

The Trial Court refused to grant appellant a new trial on his claim that the jury was guilty of misconduct; and here is appellant’s wording of his assignment of error: “Trial court should have sustained Appellant’s motion for mistrial and new trial for reason that jurors received additional evidence from some of their members which was highly prejudicial to the Appellant and which tended to the discredit of Appellant’s testimony.”

The background facts are these: Mr. Hicks sued Mrs. Lady for damages arising from the collision of their automobiles. In the…