Caylor v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Schroeder, J.:

This case involves trial errors in a damage action for personal injuries sustained by the plaintiff in an automobile accident.'

The questions presented are (1) whether the trial court erred in its failure to declare a mistrial after the plaintiff (appellee) in his own testimony injected the subject of appellants’ insurance, and in failing to admonish the jury by instruction or otherwise to disregard such testimony, and (2) whether the trial court erred in permitting the appellee’s counsel, in closing argument, to display a chart itemizing…