Dubois v. Clark

Thomas Gallagher, Justice.

Action for personal injuries in which plaintiff received a verdict of $5,300. This is an appeal from an order setting aside the verdict and granting defendant a new trial solely on the ground of errors of law arising out of defendant’s closing argument and certain of the court’s instructions as follows:

By Mr. Green (defendant’s counsel): “* * * Dr. Mateo [plaintiff’s attending physician] says he referred this girl to Dr. Frank Babb. Who is Dr. Frank Babb? An orthopedic surgeon of some repute in the City of St. Paul, and of experience. * * * where is Dr. Babb? There…