Martin v. Dretsch

The defendant appeals from a judgment for the plaintiff in an action for damages arising out of an automobile collision. The principal issue is whether the trial court abused its discretion in not granting one of several motions by the defendant for an order of mistrial.

The plaintiff’s attorney in his opening statement improperly injected into the ease the plaintiff’s experiences in World War II. The defendant’s counsel thereupon objected to conduct which he characterized as “waving the flag in front of the jury.” The defense also moved, in chambers, for a mistrial. The motion was overruled.…