160 F.2d 1011

PACIFIC EMPLOYERS INS. CO. v. ORREN.

No. 11844.

Circuit Court of Appeals, Fifth Circuit.

April 21, 1947.

Tom Sealy, of Midland, Tex., for appellant.

John J. Watts, of Odessa, Tex., for ap-pellee.

Before McCORD, WALLER, and LEE, Circuit Judges.

PER CURIAM.

The appeal is from a judgment on a jury verdict awarding benefits under the Texas Workmen’s Compensation Law, Vernon’s Ann.Civ.St. art. 8306 et seq.

Plaintiff’s evidence is sufficient to support the verdict. Appellant complains, however, of remarks made by two of the jurors during deliberations of the jury, and asserts that the verdict should have been set aside by the trial court on the basis of affidavits secured from two of the jurors.1 Certainly, jurors may use their common knowledge and experience in weighing the evidence in a case. Blue Diamond Bus Co. v. Hale, Tex.Civ.App., 69 S.W.2d 228. The attempt to impeach the verdict of the jury was improper and does not meet *1012-with our sanction. ' In overruling 'the motion for a new trial the court committed no error. Eagle Lake Improvement Co. v. United States, 5th Cir., 160 F.2d 182; McDonald v. Pless, 238 U.S. 264, 35 S.Ct. 783, .59 L.Ed. 1300; Loney v. United States, 10 Cir., 151 F.2d 1.

We find no reversible error in the record.

The judgment is affirmed.

Pacific Employers Ins. v. Orren
160 F.2d 1011

Case Details

Name
Pacific Employers Ins. v. Orren
Decision Date
Apr 21, 1947
Citations

160 F.2d 1011

Jurisdiction
United States

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