Erb v. Mutual Service Casualty Co.

No questions of negligence exist on this appeal. The sole issue is whether the trial court committed prejudicial error in refusing to grant a new trial to the appellant, Mutual Service Casualty Company, because of improper argument by counsel for defendants Runge.

The accident occurred on May 20, 1959, when a 1954 Ford driven by Frederick M. Runge overturned. Phyllis Erb and Diane Schuettpelz were passengers in the car. Phyllis Erb commenced an action against Mutual Service Casualty Company (hereinafter referred to as “Mutual Service”), Alfred Runge, Sr., and Frederick Runge. Diane Schuettpelz…