Affett v. Milwaukee & Suburban Transport Corp.

In his closing argument to the jury, the plaintiff’s counsel used a blackboard to display and suggest to the jury a mathematical formula for the computation of damages for pain and suffering. Before arguments, the trial court stated it would permit the use of the blackboard for such purpose. Objection was made by counsel for the defendant. At'the close of the plaintiff’s argument the defendant desired to use the blackboard and the plaintiff’s counsel was allowed to take a 'flash-bulb photograph of the blackboard in the presence of the jury. The photograph was not submitted to the jury and it…