Maryland Casualty Co. v. Hearks

This is a workmen’s compensation case in which the employee recovered for loss of sight in his right eye. The Court of Civil Appeals affirmed the judgment of the trial court. 188 S. W. (2d) 262. This Court granted a writ of error on assignments charging misconduct of the jury.

It is contended, in effect, that during the jury’s deliberations one of the jurors set himself up as an expert and imparted new and additional evidence to the jury.

There was a conflict in the evidence upon the trial on the merits as to whether the employee was blind in his right eye when he went to work for the employer…