Stassun v. Chapin

Opinion by

Mr. Justice Stern,

In this suit to recover damages for injuries sustained in an automobile accident, one of plaintiff’s medical witnesses was a Dr. Fleming. Counsel for defendant having attacked his testimony, plaintiff’s counsel, in his closing address to the jury, made the statement that “Mr. Swaney wants to condemn Dr. Fleming so that we will get only a small verdict of Three or Four Thousand dollars.” Defendant moved for the withdrawal of a juror. The court refused the motion, but instructed the jury to “disregard the remark of counsel for plaintiff absolutely. Just dismiss this…