Elliott v. Shaw

OPINION

WILSON, Justice.

A take-nothing judgment based on a jury verdict was rendered in this rear-end automobile collision case.

Appellant plaintiff complains of the overruling of his motion for new trial on the ground, supported by an affidavit, that one of the jurors, when asked on voir dire whether he knew defendant, answered he did not, although he later realized that he “had known him since boyhood” and that defendant had played with the juror’s children.

The juror’s affidavit does not constitute evidence of the matters recited in it. Harris v. Smith, Tex.Com.App., 265 S.W. 546; Allan v.…