Woodward v. Higdon

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiff Woodward from take nothing judgment in suit for damages for an alleged assault by defendant Higdon.

Trial was to a jury which found defendant Higdon did not commit an assault on plaintiff Woodward.

The trial court rendered judgment on the verdict plaintiff take nothing.

Plaintiff moved for new trial asserting three instances of jury misconduct. The trial court after hearing overruled such motion.

Plaintiff appeals asserting in points 1 and 2 the trial court erred in failing to grant a new trial based on misconduct of members of the…