Western Coal & Mining Co. v. Kranc

These two cases were brought separately by appellees and were consolidated for trial and tried together. The evidence in the two cases was similar, and especially as to damages. The judgments were reversed by this court solely on the ground that the remarks of the trial court were improper. The remarks which the court holds to be improper are set out in the opinion of the majority.

Evidence was being taken in the Wilson case when the remarks complained of were made by the court. Evidence had already been introduced in the Kranc case, and the court said to appellant’s counsel: “Let him go, this…