Whitener v. Traders and General Ins. Co.

Petitioner, Whitener, sued to set aside an award of the Industrial Accident Board. Judgment in his favor was reversed and remanded by the Court of Civil Appeals for the reason that improper jury argument by petitioner’s counsel was calculated to and probably did cause the rendition of an erroneous judgment, 279 S.W. 2d 152.

We are of the opinion, however, that although some, if not all, of the argument was improper, yet taken separately or as a whole the argument cannot be said to have probably influenced the jury to the prejudice of the respondent under circumstances of this case.

That portion…