Southern Pacific Company v. Hubbard

I agree with the statement of the majority that “each case of improper argument must be considered upon its own peculiar facts,” but I suggest that in deciding cases involving improper argument we owe it to ourselves and to practicing attorneys to adhere, as consistently as is possible, to unchanging rules and principles.

It is said by petitioner and agreed to by the majority, that the argument complained of is improper because it and the inferences to be drawn from it were either highly prejudicial and inflammatory or had the effect of bringing new evidence before the jury. The condemned…