Caylor v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Schroeder, J.:

This is a damage action for personal injuries sustained by the plaintiff in an automobile accident. The defendants, the Santa Fe Railway Company and its truck driver, Willard E. Gentry, have duly perfected an appeal from a verdict and judgment for the plaintiff in the sum of $15,000.

The questions presented by the appellants are (1) whether the *211trial court erred in its failure to declare a mistrial after the plaintiff (appellee) in his own testimony injected the subject of appellants’ insurance, and in failing to admonish the jury by…