Littrell v. Smith ex rel. Smith

delivered tbe opinion of the Court.

We granted certiorari in this case solely for tbe discussion of one point which is raised by and is determinative of assignments of error Nos. 5, 6 and 7.

Gladys Smith, while riding on tbe front seat of an automobile being driven by her husband, Johnny Smith, was injured when Johnny Smith drove into the rear of a truck owned by Lawrence County and being driven by Virgil Littrell. The jury awarded her a $3,500 recovery against - Littrell.

A new trial was sought on the ground that, by reason of extraneous influence exerted on the jury, they, or at least a part…