Estep v. Bratton

Bunk Bratton and wife, Mary Bratton, recovered judgment in the court below against R. J. Estep for damages for negligence in failing to properly safeguard a ditch he was excavating in one of the streets of the city of Abilene. The amount of recovery was $4,000 for Mary Bratton and $1,000 for Bunk Bratton, or an aggregate of $5,000. The defendant has appealed.

It is sought to have the judgment reversed solely on the ground that the trial court should have granted a new trial because of misconduct of the jury. The motion for new trial asserted several acts of misconduct, only one of which was…