McCluskey v. American Oil Co.

The Court of Appeals (one judge dissenting) reversed the judgment of the trial court because of the overruling of the motion for a mistrial of the defendant American Oil Company. The ground upon which the motion was made and enumerated as error was that counsel for the plaintiff during the course of his argument to the jury said: “The third element that you have to decide is, if there was an injury and if there is liability, then is there ability to pay, and, if so, how much should this mother be compensated for the death of this child? • Now there is no doubt in your mind and there is no…