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POWELL v. WHITED

No. 10304.

277 S.W.2d 819 (1955)

Charles Franklin POWELL et ux., Appellants, v. Andrew WHITED, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 13, 1955.

Attorney(s) appearing for the Case

Runge, Hardeman, Smith & Foy, San Angelo, for appellant.

James Little, Big Spring, for appellee.

HUGHES, Justice.

We have the distasteful duty of reversing and remanding this well tried case because of misconduct of the jury.

The suit arose out of the collision of two passenger cars at the intersection of Howard and Webster Streets in San Angelo on November 8, 1953. One car was driven by appellant Charles Franklin Powell, who was plaintiff below, and the other by appellee, Andrew Whited.

The case was tried to a jury. Special issues Nos. 1 through...

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