Floyd v. Fidelity Union Casualty Co.

It is insisted that bill of exceptions to the argument of counsel should not be considered, because:

First. It does not negative two facts, viz., that the argument is upon the evidence, and that the argument is in reply to the argument of opposing counsel.

Second. It is not clearly shown that the argument was calculated to prejudice the rights of the complaining party.

We are cited to Kansas City, M. & O. Ry. Co. v. West (Tex. Civ. App.) 149 S. W. 206; Pecos & N. T. Ry. Co. v. Suitor (Tex. Civ. App.) 153 S. W. 185; Travelers’ Ins. Co. v. Peters (Tex. Civ. App.) 3 S.W.(2d) 568; Oilbelt Motor Co.…