Seaboard Coast Line Railroad v. Zeigler

Bell, Presiding Judge.(a) Counsel for plaintiff in his opening statement referred to defendant’s train as “barrelling through Stockton.” A motion for mistrial was made on the ground that this remark was prejudicial. The court overruled the motion, did not rebuke counsel, and did not instruct the jury to disregard the comment. In an opening statement counsel may state to the jury what he expects to prove. He should be confined to matters of proof admissible under the rules of evidence. Green v. State, 172 Ga. 635 (158 SE 285); Waits v. Hardy, 214 Ga. 41 (102 SE2d 590, 68 ALR2d 995). The law…