Franklin v. Kansas City

This is an action for damages for personal injuries. Plaintiff recovered a verdict and judgment in the sum of $5000. Tlie court sustained defendant’s motion for a new trial “because of improper argument on the part of plaintiff’s attorney.” Plaintiff lias appealed. The argument causing the granting of the new trial is as follows:

“Now, gentlemen, if you do find for him (plaintiff) he is a young boy with a young wife and young baby..

Mr. Lee : (interrupting) Just a moment. I ask that counsel be reprimanded for that remark — just a minute —first, because there isn’t any proof of it, and, second,…