Garrison v. Dallas Ry. & Terminal Co.

(after stating the case as above).

Appellant insists it appeared the jury were guilty of misconduct entitling him to have the, judgment set aside, and that the court below therefore erred when he overruled his motion for a new trial on that ground.

Special issues were submitted to the jury and they were instructed to answer same from a preponderance of the evidence, without regard to the effect their answers might have upon the judgment to be rendered in the case. The misconduct charged was that the jury ignored the instruction and before considering the issues took a vote upon a question they…