Connelly v. Pittsburg Railways Co.
Connelly v. Pittsburg Railways Co.
Opinion of the Court
Opinion by
We are of opinion that the second assignment of error
It is unnecessary to discuss the remaining assignments because the matters complained of can be called to the attention of the court at the next trial when if more definite instructions are required counsel can secure the same by points or requests.
Judgment reversed and a venire facias de novo awarded.
Reference
- Full Case Name
- Connelly v. Pittsburg Railways Company
- Cited By
- 5 cases
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- Published
- Syllabus
- Negligence — Street railways — Trial—Objectionable remarks of counsel —Withdrawal of juror — Practice, O. P. In an action against' a street railway company to recover $10,000 damages for personal injuries the trial judge commits reversible error in refusing to withdraw a juror when counsel for the plaintiff in his argument to the jury says, “Now, how much will she lose in the future? Do you think she will ever get fit for work? Remember almost four years have passed. If she did not get better in that time, she never will. She is twenty-nine years of age. The life tables use eighty as a basis. She has an expectancy of twenty-five years. Suppose she only makes $600 during the balance of the time. There is something like $18,000 or $20,000 for loss in earning power in the future” there being no proof as to life tables or expectancy and no evidence to sustain such an argument. .