Russell v. Helm's Express, Inc.

Opinion by

Packel, J.,

Seriously conflicting versions of an accident led to undignified wrangling between attorneys during the trial of this case, which may well have been the cause of an improper charge to the jury. A verdict was returned for the defendant. The plaintiff seeks a new trial.

The plaintiff contends that defense counsel’s cross-examination of certain witnesses exceeded the bounds of fair advocacy, that the trial court displayed a serious lack of impartiality and that the charge to the jury contained a fundamental error. The record, regrettably, reflects constant bickering between…