Storey v. Zuniga

NORVELL, Justice.

This is the second appeal of this cause. A general statement of the case is contained in our former opinion reported in 239 S.W.2d 125. Upon the present trial, a recovery of $12,500 was awarded to plaintiffs.

Defendants, as appellants here, assert that said judgment should be reversed because of misconduct on the part of a juryman. The trial judge instructed the jury as follows:

“You are further instructed that you must not obtain nor receive, and in arriving at your verdict and in your deliberations thereon you must not discuss nor take into consideration any evidence not…