Irvine v. Carr

This action by notice of motion was brought by Everett H. Carr, administrator of Marjorie E. Garr, deceased, an infant six years of age, against C. E. Irvine, to recover damages for the wrongful death of his intestate. There was a trial by a jury which resulted in a verdict for the plaintiff for $3,000, and judgment was accordingly entered thereon.

There are two assignments of error:

“That the court erred in permitting certain testimony to be introduced by the plaintiff; and

“In refusing to declare a mistrial because of misconduct by the plaintiff in stating to the jury that petitioner carried…