Texas Milk Products Co. v. Birtcher

In this case the plaintiffs, Johnnie Birtcher and others, recovered judgment against the defendant for damages for personal injuries growing out of an automobile collision. The only material question to be determined is whether there, was such misconduct on the part of the plaintiff Birtcher and one of the jurors as to require a new trial.

The case was submitted to the jury on special issues late in the afternoon. After the jury had deliberated for five or six hours, and had answered many of the questions submitted to them, but had not reached a decision as to the amount of damages to be…