Lloyd B. Sharp and Calvin Edwards v. H. C. Root

TUTTLE, Circuit Judge.

This appeal from a verdict for the plaintiff in a personal injury action raises two issues: (1) Whether the evidence sufficiently raised the issue of “joint enterprise” between Root and the driver of the automobile in which they were riding so that the court was in error in refusing to charge the jury on the theory of imputed contributory negligence as a bar to plaintiff’s right to recover, and (2) whether the court erred in refusing to declare a mistrial because of, or charging the jury to disregard, certain statements made by plaintiff’s counsel in the closing argument…