Buehler v. Festus Mercantile Co.

This case was written in Division Two by Cooley, C., and transferred to the court en banc on the court’s own'motion. The divisional opinion affirmed the judgment for respondent on condition that she remit $5000 from the verdict of $30-,000. We adhere to that opinion on each assignment discussed ’ (save as to the remittitur) except the one which holds certain improper argument of respondent’s counsel was not reversible error. Up to that point we have adopted the opinion bodily with very slight changes and without quotation marks. Before the court en banc the appellant has raised a new point…