Ashley v. Standard Oil Co.

Hall, Judge.

The individual defendant, upon whose alleged negligence the suit was based, was not present at the trial. The plaintiff contends that the court erroneously and prejudicially permitted a witness to testify concerning the defendant’s paralyzed condition, erred in denying the plaintiff’s motion for mistrial based on this testimony, and erred in denying an earlier motion for mistrial on the ground that the explanation of defendant’s counsel in opening argument to the jury that the defendant had a stroke and was paralyzed and was unable to attend trial was irrelevant to the issue of…