Whited v. Powell

The parties will be referred to as they were designated in the trial court. The plaintiffs, who are husband and wife, sued to recover damages which they sustained in a street intersection collision between the automobile driven by the husband and occupied by the wife as a passenger and the vehicle operated by defendant. Judgment in favor of the defendant was entered by the trial court on the verdict of the jury. The Court of Civil Appeals has reversed and remanded the case for a new trial on the grounds of jury misconduct. 277 S.W. 2d 819. We have concluded that the overt acts upon which the…