Western & Atlantic Railroad v. Hart

In special ground 1 (numbered 4) of the motion for new trial, complaint is made of the trial court’s refusal to grant a mistrial over the defendant’s objection that counsel for the plaintiff had improperly referred in his argument to the jury to the dependency on the plaintiff of his wife and three children when such dependency had been expressly purged from the petition and there was no evidence of such dependency on the trial. “In all motions for mistrial, the grant of the motion ‘is largely within the discretion of the trial judge, and this discretion will not be interfered with unless…