Taylor v. Bank One, Texas, N. A.

noting that juries “may use their common sense and evaluate the facts in light of their knowledge of the natural tendencies and inclinations of human beings.” | [stating] “judgment [which has been vacated] or set aside has no preclusive effect” | “[A] lack of sufficient funds will excuse an absence of effort to lessen damages.” (quoting 22 Am.Jur.2d, Damages, § 32 at 55 (1965)) | no reversible error in substituting previously discharged alternate juror after three hours of jury deliberations notwithstanding that alternate juror had, in meanwhile, discussed the case with her employer | procedural protections provided by Miranda attach only in cases of custodial interrogation