Andritsch v. Henschel

In final argument to the jury, the defendant’s counsel called the plaintiff a “Nazi.” The question which we *463must determine is whether the use of this epithet requires a new trial.

There is probably no term which more inescapably must be branded a “hate” word. The use of the expression in final argument to the jury was patently improper; it was designed to inflame the jury and to procure for the defendant a benefit resulting from the venom and ignominy attendant to such label.

It is to be noted that, on the defendant’s behalf, the same law firm handled both the trial and this appeal, but such…