Emberlin v. Wichita Falls, R. & Ft. W. Ry. Co.

The rules for the district courts provide that in arguments to the jury “counsel shall be required to confine the argument strictly to the evidence and to the arguments of opposing counsel,” and that “the court will not be required to wait for objections’ to be made when the rules as to arguments are violated.” When counsel violates this rule, he does so at his peril. The litigants are entitled to a fair and impartial trial, and, should it appear that by reason of the violation of this rule the rights of the losing party have been prejudiced, it is the duty of the trial court to grant a new…