Birmingham Electric Co. v. Carver

On Rehearing.

FOSTER, Justice.

Our attention has been called to a failure on our part to respond to the conten*476tion made by appellee that the motion for a new trial was properly granted by the court by reason of certain remarks made by appellant’s counsel on the trial of the case. The first of those contentions is thus stated in the record:

“Mr. Cole: Whether there be a discount to his insurance company or not, the car was repaired, and is repaired. I don’t know what the facts are behind it as to arrangements one way'or the other.

“Mr. Emond: We object to that, if the court please.

“The Court: What…