Central of Georgia Ry. Co. v. Purifoy

The opinion of the Court of Appeals shows that, while the circuit court overruled defendant’s objection to the statement made by counsel for plaintiff in argument, no exception was reserved. But it is insisted that nevertheless it was proper ground for sustaining a motion for a new trial. When no exception is reserved to the ruling on defendant’s objection to argument, it is good ground for a new trial only when the ■“remarks [of counsel] are of such a character that neither rebuke nor retraction can entirely destroy their sinister influence.” Birmingham Ry., L. & P. Co. v. Gonzalez, 183 Ala.…