Standridge v. Martin
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by J. S. Standridge against T. W.' Martin for damages for an automobile accident. There was judgment for plaintiff which on motion of the defendant was set aside, and plaintiff appealed.
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Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by J. S. Standridge against T. W.' Martin for damages for an automobile accident. There was judgment for plaintiff which on motion of the defendant was set aside, and plaintiff appealed. After setting out the minute entries relating to the motion for a new trial, the bill of exception recites: Said motion for a new trial coming on for hearing on, to wit, * * • the following evidence and exhibits was submitted by the defendant in support of said motion. (Here follows the testimony of W. H. Sadler and the affidavit…
1Opinion of the CourtSomerville, J.
Although the objectionable argument of plaintiff’s counsel was excluded from the consideration of the jury by the trial judge, with an appropriate instruction to disregard it, we are nevertheless of the opinion that it falls within that class of argumentative statements which are grossly improper and highly prejudicial, and whose evil influence and effect cannot he eradicated from the minds of the jury by any admonition from the trial judge. B. R. L. & P. Co. v. Gonzalez, 183 Ala. 273, 61 South. 80, Ann. Cas. 1916A, 543; B. R. L. & P. Co. v. Drennen, 175 Ala. 338, 57 South. 876, Ann. Cas.…
2Cases cited5 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Florence Cotton & Iron Co. v. FieldSupreme Court of Alabama · 1894
- Watson v. AdamsSupreme Court of Alabama · 1914
- Alabama Iron & Fuel Co. v. BenenanteAlabama Court of Appeals · 1914
3Cited by50 opinions
- Birmingham Baptist Hospital, Inc. v. BlackwellSupreme Court of Alabama · 1930
- Clark v. HudsonSupreme Court of Alabama · 1956
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
- Louis Pizitz Dry Goods Co. v. CusimanoSupreme Court of Alabama · 1921
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