STATE v. WAIR

No. A-8679.

351 S.W.2d 878 (1961)

STATE of Texas, Petitioner, v. Don W. WAIR et al., Respondents.

Supreme Court of Texas.

December 13, 1961.


Attorney(s) appearing for the Case

Fisher, McLaughlin & Harrison, Paris, for petitioner.

Moore & Lipscomb, Paris, for respondents.


PER CURIAM.

The State brought this condemnation suit for a right-of-way east of Paris, Texas. The only question tried was the amount of damages. The landowner sought a new trial on the ground of jury misconduct. He alleged that the jury used a quotient verdict. The court, after hearing testimony from 4 of the 6 jurors, overruled the motion, thus finding that misconduct did not occur. The Court of Civil Appeals reversed on the grounds that it appeared beyond question...

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