Trimble v. Merloe

Opinion by

Mr. Justice Roberts,

Plaintiff-appellant, in an action of trespass for personal injuries, was awarded $47,000 by a jury in the Court of Common Pleas of Lycoming County. Defendant-appellee filed a motion for a new trial which was granted by the court en banc. It is from the order granting a new trial that this appeal was taken.

The sole issue before us is whether a discussion of insurance in the closing argument by the attorney for plaintiff was so prejudicial to defendant as to warrant the granting of a new trial. The remarks of counsel for plaintiff, to which exceptions were taken,…