Burns v. Atchison, Topeka and Santa Fe Railway Co.

JACKSON, Justice.

In the trial court, plaintiff Doris Burns sued defendants The Atchison, Topeka and Santa Fe Railway Company, a corporation, and R. G. Typton, for damages resulting from injuries received in a railroad crossing accident. Verdict and judgment were for defendants and plaintiff appeals.

Plaintiff’s first proposition is that “Exhibiting to a jury an item not introduced as evidence is prejudicial misconduct”. The incident complained of occurred on closing argument of plaintiff’s counsel, and was as follows:

“What was the speed of this train? Look at this photograph: look what it did…