Griffith v. Gardner

(dissenting) — I dissent from the principal opinion affirming the judgment below as to the appellant trustee of the Alton Railroad Company. I do so on the ground that- in my view the argument of respondent’s counsel to the jury was not purely retaliatory, and constituted reversible error in that it sought a “liberal” verdict on the ground that the deceased had worked for the railroad over 30 years and had sustained an injury to his foot in that service 14 years before his death: These facts, in my opinion, could not constitute a basis for respondent’s cause of action, or as a measure of her…