Porter v. Hawaiian Pork Packing Co.

OPINION OF THE COURT BY

FREAR, J.

Plaintiff obtained a verdict for $1050. Defendant moved for a new trial on the ground of misconduct of plaintiff’s attorney in bis argument to the jury. A new trial was granted. The case now comes here on pliantiff’s exceptions to the ruling of the trial judge granting tbe new trial.

The facts as stated by the trial judge in his decision granting a new trial are as follows:

“In his opening address to the jury, Mr. Davis (Plaintiff’s attorney) stated in substance, that this action had been already tried once before another jury; 'that both Judge Carter and Judge…