American Oil Co. v. McCluskey

Eberhardt, Judge.

Since there is one issue on which a majority of this court are agreed that there must be a reversal, and since there is likelihood that the deficiency in proof concerning the number of employees which the company had on the date of the incident will be supplied on another trial, bringing it within the ruling of the Supreme Court, we do not deal with other issues.

One of the errors enumerated is the overruling of defendant’s motion for mistrial, the ground being that during the course of his argument to the jury plaintiff’s counsel asserted: “The third element that you have to…