Courtney v. Apple

The principal issue involved in this case may be stated as follows: Did the trial- court abuse its discretion in granting a partial retrial? The order granting a partial retrial contains the following:

“In his argument to the jury defense counsel made a point of contributory carelessness on the part of the decedent’s mother. This argument, despite the court’s charge that the only question- to be- considered (aside from amount of pecuniary injury) was that of defendant’s negligence, may have been carried into the jury room. - If such assumption be correct then the verdict rests on the false…