Powell v. Whited

HUGHES, Justice.

We have the distasteful duty of reversing and remanding this well tried case because of misconduct of the jury.

The suit arose out of the collision of two passenger cars at the intersection of Howard and Webster Streets in San Angelo on November 8, 1953. One car.was driven by appellant Charles Franklin Powell, who was plaintiff below, and the other by appellee, Andrew Whited.

The case was tried to a jury. Special issues Nos. 1 through 15A as submitted to the jury were what are referred to by attorneys as “plaintiff’s issues.” As to these the' jury found (1) that appellee, at or…