103 Tenn. 497 | Tenn. | 1899
The judgment in this case must be reversed for misconduct of the jury.
This action on the part of the jury vitiated the verdict, and the trial Judge should have so ruled on the plaintiff’s motion for a new trial. No juror had the right to introduce the fact of the judgment in favor of the son, and the jury had no authority for considering such fact when so introduced. Ryan v. State, 97 Tenn., 206; Citizens' Street Ry. Co. v. Burke, 98 Tenn., 653. Moreover, the right of action in the one case was different from that in the other, and the judgment in favor of the minor son for the injuries inflicted upon his person could not preclude his widowed mother from recovery for the loss of his services during minority and for neces
Reverse and remand.