Powers v. Mitchell
Supreme Judicial Court of Maine
On motion to set aside the verdict and on exceptions. This was an action of the case for damages for a personal injury sustained on the twenty-ninth day of December, 1879, by a collision with the defendant’s horse and sleigh, driven by him on State street, in Augusta.
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On motion to set aside the verdict and on exceptions. This was an action of the case for damages for a personal injury sustained on the twenty-ninth day of December, 1879, by a collision with the defendant’s horse and sleigh, driven by him on State street, in Augusta. The case has been at the law court before, and is reported in 75 Maine, 364. The verdict, at the last trial, was for the defendant, and the plaintiff alleged exceptions to the following admissions and exclusions . of testimony, the exceptions being numbered in parentheses: Serena L. Powers, plaintiff, on cross-examination by O.…
1Opinion of the CourtLibbeY, J.
This case comes up on motion and exceptions. The ground insisted on in support of the motion is the misconduct of the defendant’s counsel in his closing argument, in asserting facts not in evidence, and not competent evidence if offered, and arguing thereon. The motion cannot be sustained. If the defendant’s counsel, as claimed by the plaintiff, exceeded the proper license of an advocate in his argument to the jury, it was the duty of the plaintiff’s counsel, if he thought his client’s rights were being prejudiced, to interpose objection; and then if the judge declined to interfere the…
2Cases cited1 opinion
- Learned v. HallMassachusetts Supreme Judicial Court · 1882
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