102 S.W. 128 | Tex. App. | 1907
This is a suit by appellee against appellant for damages to certain real estate owned by the appellee in the town of Santa Anna, alleged to have been caused by the erection of the stock pens of the appellant near said real estate. A trial in the court below resulted in a verdict and judgment in favor of appellee in the sum of $215.
Without repeating or discussing in detail the testimony as shown by the record, we are of opinion that it is sufficient to support the verdict of the jury.
Appellant's fourth assignment of error complains of certain alleged misconduct of the jury in arriving at their verdict in this case, which was presented in its motion for a new trial as a ground thereof. The trial court heard evidence upon the issue raised by this ground of the motion, and overruled the motion for a new trial. Such a proceeding is authorized by Art. 1371, as amended by the 29th Legislature, Acts of 1905, p. 21; but theretofore, the verdict of a jury in a civil case was not permitted to be impeached by proof of the misconduct of the jury while deliberating upon the case. (St. *241
Louis, S.W. Ry. Co. v. Ricketts,
There is ample testimony in the record to support the amount of the verdict. The court of criminal appeals, which by virtue of a provision of the Code of Criminal Procedure permits the misconduct of a jury while deliberating upon their verdict to be inquired into, has held that it is not a good ground for a new trial that the jury agreed to divide by 12 the sum of the fine and imprisonment suggested by each juror, where there was no agreement in advance to abide by the result, and where further ballots were taken before a verdict was agreed upon (Hill v. State,
There was no error in the refusal of appellant's requested special charge No. 2. If appellee's property has depreciated in value by reason of the erection of appellant's stock pens near it, he would be entitled to recover damages on account thereof, notwithstanding property generally in the town, including appellee's, has increased in value since the erection of said pens.
The paragraph of the general charge of the court complained of in appellant's 6th assignment of error was not erroneous. This *242
charge practically follows the rule laid down in the case of Denison P.S. Ry. Co. v. O'Maley,
The testimony, admission of which is complained of in appellant's 7th assignment of error, was properly admitted. The property being used for residence purposes, this testimony tended to show that its value for that purpose was depreciated by the stock pens being erected near it.
The verdict of the jury was amply supported by the testimony, and is not excessive in amount.
Finding no reversible error in the record, the judgment of the court below is affirmed.
Affirmed.