(DOWNLOAD) "James Walter Fountain v. Faye S. Ferguson" by Thirteenth District, Corpus Christi Court of Civil Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: James Walter Fountain v. Faye S. Ferguson
- Author : Thirteenth District, Corpus Christi Court of Civil Appeals of Texas
- Release Date : January 21, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This appeal presents questions concerning jury misconduct. Faye S. Ferguson sued James Walter Fountain, a minor, and his father for personal injuries which she sustained when James Walter Fountain drove a vehicle into the rear of her vehicle. Fountains defense was that he was confronted by an emergency when the brakes on his vehicle suddenly and unexpectedly failed. The trial court sustained a motion for instructed verdict for the defendant father, and rendered a judgment on a jury verdict that plaintiff take nothing as to James Walter Fountain. Plaintiff moved for a new trial grounded upon jury misconduct, but the trial court overruled her motion. She then appealed to the court of civil appeals without bringing forward a statement of facts. That court reversed the trial court judgment because of the jury misconduct about which plaintiff complained. 437 S.W.2d 323. We reverse the judgment of the court of civil appeals, because the plaintiff did not sustain her burden to prove material misconduct which, from the record as a whole, probably resulted in harm. Rule 327, T.R.C.P.