Bennett v. Town of Wheeler

Clark, J. (dissenting) :

I dissent and vote for reversal and a new trial, on the ground that the persistent indulgence of plaintiff’s counsel in inflammatory and intemperate remarks in his summary to the jury tended to create such a prejudice against the defendant as to require a new trial in the interests of justice.

Such remarks were not justified by any language claimed to have been used by defendant’s counsel and not shown by the record. We cannot assume that this inflammatory language did not affect the jury. It was calculated to prejudice them against a municipal corporation and in favor…