Houston Electric Co. v. McLeroy

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

This suit was filed by C. E. McElroy against Houston Electric Company for damages for personal injuries alleged to have been received by him on .account of the company’s negligence. The trial court’s judgment was in favor of plaintiff. The Court of Civil Appeals affirmed the judgment. See its opinion for a detailed statement of the case. 153 S. W. (2d) 617.

It appears from the record that while the jury was in retirement in the jury room, and before it had reached a verdict, the trial judge instructed his bailiff…