Turk v. H. C. Prange Co.

1. Plaintiffs’ counsel’s opening statement. The first issue raised on this appeal is whether the trial court committed prejudicial error against the plaintiffs in ruling counsel’s opening statement, that this was a res ipsa loquitur case, improper, and in denying plaintiffs’ motion for a mistrial based on said ruling.

During his opening statement to the jury the plaintiffs’ attorney attempted to enlighten the jury on the effect of the res ipsa loquitur doctrine. He made it clear that he was going to rely heavily on the doctrine in presenting his case. The trial judge stopped him and told him…