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ELSTON v. SHERMAN COCA-COLA & DR. PEPPER CO.

No. 8734.

596 S.W.2d 215 (1980)

Philip C. ELSTON, Appellant, v. SHERMAN COCA-COLA AND DR. PEPPER COMPANY, a Texas Corporation, Appellee.

Court of Civil Appeals of Texas, Texarkana.

February 12, 1980.

Attorney(s) appearing for the Case

C. Larry Cain, Kennedy Minshew, Evans, Campbell & Cain, Sherman, for appellant.

Joseph W. Wolfe, Henderson, Bryant, Wolfe, Vogelsang & Graber, Sherman, Howard W. Kaffenberger, Dallas, for appellee.

HUTCHINSON, Justice.

This appeal complains of the refusal of the trial court to receive evidence of alleged jury misconduct at the hearing on a motion for a new trial. Appellant, Philip C. Elston, instituted this suit against appellee, Sherman Coca-Cola and Dr. Pepper Company, seeking recovery of damages for personal injuries sustained in a motor vehicle accident. In response to special issues, the jury found negligence proximately causing the accident to be 40% on...

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