Brawley v. Bowen
| Decision Date | 24 February 1965 |
| Docket Number | No. A-10401,A-10401 |
| Citation | 387 S.W.2d 383 |
| Parties | Doyle O. BRAWLEY, Petitioner, v. William L. BOWEN et al., Respondents. |
| Court | Texas Supreme Court |
Jackson, Walker, Winstead, Cantwell & Miller, John L. Lancaster, III, and Jack Pew, Jr., Dallas, for petitioner.
Joe N. Chapman, Raymond R. Johnson, Sulphur Springs, for respondents.
Respondents, William Bowen and Roy Bailey, brought this suit against petitioner, Doyle Brawley, to recover damages resulting from an automobile collision. Bailey was a passenger in Bowen's car. At the time of the accident, petitioner and respondents were all traveling west on Highway 30, a four-lane divided highway in Hopkins County, Texas. Petitioner was in the left-hand lane and respondents were in right-hand lane. Petitioner's car drove into the rear of respondents' car as the latter moved into the left-hand lane, preparatory to making a left-hand turn.
The respondents both sued petitioner for damages resulting from physical injuries which they alleged were sustained in the accident. In addition, Respondent Bowen asked for $500.00 damages to his car. The causes were consolidated, and the case was tried before a jury which returned a verdict (a) exonerating petitioner on all counts of primary negligence, (b) convicting Respondent Bowen on three counts of contributory negligence, (c) finding that neither of respondents sustained damages from any physical injuries caused by the accident and (d) finding that Respondent Bowen's car was damaged to the extent of $100.00. On the basis of this verdict, a take-nothing judgment was entered against both respondents. The respondents moved for a new trial on the basis, among other things, of jury misconduct. After a hearing on this motion, at which four of the jurors testified, the motion was overruled. On appeal, the Court of Civil Appeals reversed and remanded, holding in effect that jury misconduct had occurred as a matter of law, 381 S.W.2d 693. We reverse the judgment of the Court of Civil Appeals and affirm the trial court's judgment.
Respondents alleged the following acts of jury misconduct in their motion for new trial: (a) that Juror Hollingsworth stated that he knew the plaintiffs and that they were 'fakes,' trying to get something for nothing, (b) that the jurors made a prior illegal agreement to answer all special issues to keep respondents from recovering anything, (c) that Juror Hollingsworth gave unsworn testimony, based on his experience as a mechanic, as to the amount and the cause of the damage to Bowen's car, and (d) that the jurors discussed whether Respondent Bowen carried insurance and that Juror Hollingsworth stated that Respondent Bailey should actually be suing Respondent Bowen because Bowen probably carried insurance which covered passengers in his car.
Where no express findings are filed, it is presumed on appeal that the trial court found all controverted facts in support of its judgment overruling the motion and that no misconduct occurred. Putman v. Lazarus, 156 Tex. 154, 293 S.W.2d 493 (1956); Monkey Grip Rubber Co. v. Walton, 122 Tex. 185, 53 S.W.2d 770 (1932); Milstead v. Aynesworth, 341 S.W.2d 942 (Tex.Civ.App., 1960, writ refused, n. r. e.). If the evidence offered at the hearing on the motion for new trial is conflicting as to whether or not misconduct occurred, the decision of the trial court on the question is binding on appeal. Barrington v. Duncan, 140 Tex. 510, 169 S.W.2d 462 (1943); Maryland Casualty Co. v. Hearks, 144 Tex. 317, 190 S.W.2d 62 (1945); State v. Wair, 163 Tex. 69, 351 S.W.2d 878 (1961).
At the hearing on the motion for new trial, Jurors Harrelson and Dollar were called by respondents and Jurors Jenkins and Holley were called by petitioner. Juror...
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Sandoval v. Rattikin
...of facts and conclusions of law, that the trial court resolved every disputed fact issue in support of its judgment. Brawley v. Bowen, Tex.Sup.Ct., 387 S.W.2d 383; Quinn v. Dupree, 157 Tex. 441, 303 S.W.2d 769; Renfro Drug Co. v. Lewis, 149 Tex. 507, 235 S.W.2d 609, 23 A.L.R.2d 1114; North ......
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Lewis v. Yaggi
...occurred, the decision of the trial court on that question of fact is final and binding on the reviewing court. Brawley v. Bowen, 387 S.W.2d 383, 384 (Tex.1965); City of San Antonio v. McKenzie Construction Co., supra. In the absence of findings of fact or conclusions of law being filed con......
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Bass v. Aransas County Independent School Dist.
...this hearing. In ruling on this point, we shall be guided by the language of Justice Griffin, speaking for the Supreme Court, in Brawley v. Bowen, 387 S.W.2d 383, as 'Where no express findings are filed, it is presumed on appeal that the trial court found all controverted facts in support o......
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