Payne v. Irvin

But for the imprudence of counsel for the appellee, on the trial below, in going outside the evidence in addressing the jury, there would be in this case only the question whether the evidence supported the verdict. The most serious transgression in that direction was in telling the jury the amount of the verdict on a former trial, but as the amount of damages was not, and fairly could not, be assigned as a reason for a new trial, the imprudence may be overlooked, but all experiments in that line are dangerous.

The action is for an injury caused by the fall upon the appellee of a very heavy…