Book v. Erskine & Sons, Inc.

The principal ground for the reversal of the judgment urged by the appellant is that it was not accorded a fair and impartial trial because of the grossly improper conduct and argument of plaintiff’s counsel wherein he persistently appealed to the sympathies of the jury in a manner, and by the use of language, which aroused passion and prejudice against the appellant.

The record discloses that the plaintiff, at the time of the accident, was 19 years of age and was severely injured in a collision of the motorcycle on which lie was riding with the truck of the appellant; that during the trial he…