Krieger v. McLaughlin

There is here for review in this personal injury action an order granting a new trial on the sole ground of misconduct of counsel in his closing argument to the jury. The order, so far as material, is set out in the margin. 2

Mr. Shinn, in his argument to the jury, first referred to the witness in question. 3 Then appellants’ counsel replied in a passage set out in the margin. 4

We do not have here a case in which the question was first injected by the appellant and a mistrial then claimed, or the court requested to instruct the jury to disregard the remark, or even requested to admonish…