McDonnell v. Merrill

Counsel for the defendants in argument made the following statement to which the plaintiff excepted: “Well, if Mr. Merrill is liable in this case, it is an awful pity before he went to farming he didn’t work out for somebody and take no risk; it is an awful pity that he didn’t sell his farm before the accident happened, for if he is liable in this case he is mortgaged forever.”

There was no evidence as to the financial condition of the defendants. If such evidence had been proffered it would have been rejected as incompetent. If the defendants had been found liable for an amount that would…