66 F. 519 | 8th Cir. | 1895
This action was commenced in the United States court in the Indian Territory by W. R. Curb and Rosella Curb, husband and wife, against the G-ulf, Colorado & Santa Fé Railway Company, to.recover damages for a personal injury received by Mrs. Curb while a passenger on one of the defendant’s trains. The .plaintiff recovered a judgment below, and the defendant sued out this writ of. error. But two errors are assigned, and they both relate to remarks of plaintiff’s counsel in addressing the jury. In the course of his argument, plaintiff’s counsel said to the jury; “Cliff Jackson tells you that this woman is suffering from common female troubles. If Cliff Jackson believes this, why did he not have Dr. Booth and Dr. Bogie examine this woman?” Exception was taken to this remark, and the court asked to. inform the jury that they should not consider it, because the defendant had no right to require the plaintiff to submit to an examination at the hands of its physicians. To this request the court replied that it was legitimate argument in answer to the argument of the defendant’s counsel, but could not be considered as evidence. The other remark to which exception is taken is thus stated in the bill of exceptions: “Counsel for plaintiff, Mr. Cruce, in his closing argument, stated that, not only had this railroad company injured Mrs. Curb, but that their attorney had outraged decency, and purposely humiliated this woman and her husband before the jury by inquiring into their personal and marital relations.” Defendant’s counsel objected to this remark, which objection was by the court overruled. In reference to the last exception, we remark that the cross-examination of Mrs. Curb was carried much further than was necessary to a full elucidation of the facts about which she was examined, and, in' our opinion, beyond the bounds of propriety, if not of decency, and merited the criticism passed upon it by plaintiff’s counsel.
In recent years the reversal of cases for supposed improper remarks of counsel has sometimes been carried to very extravagant lengths. The grounds upon which such rulings are supported are: First, that it is the duty of the court, by such discipline, to compel lawyers to conform to a high and elevated standard in the advocacy of their clients’ causes; and, second, that juries are composed of ignorant and credulous men, who will believe every false, fallacious, or extravagant statement of counsel, unless they are admonished by the court not to do so. An elevated standard of advocacy on the