Casey v. Kelly-Atkinson Construction Co.

In this case, after much consideration of and deliberation over the record, we have determined that the verdict and the judgment based on it should not be disturbed by us. The only question in the case, the answer to which seems to us doubtful, goes to the entire liability of the defendant under the facts proven.

The objections made to the remarks of plaintiff’s counsel to the jury seem to us hypercritical. It was not improper argument to call an alleged want of care “almost criminal,” nor did it warrant the reply which the defendant’s counsel was excited to make. If the allegation of want of…