London v. Smith-Cairns Motor Sales Co.

Judgment for defendants affirmed, with $50 costs to defendiantsrespondents. This personal injury case has been tried twice. Despite sympathetic factors in plaintiffs’ favor it is quite clear that on the facts the infant plaintiff could not and should not prevail. And neither of the two juries who heard the ease found in her favor. Unfiortun'ately, the court in this -trial injected himself into the proceedings to an extent that constituted error. In a close or doubtful case this conduct might well be considered grounds for reversal. In the light of the facts as established, we conclude that it…