188 A. 143 | Pa. | 1936
Argued October 9, 1936. Plaintiff has judgment in a suit on a written guaranty executed by defendant providing for payment of notes made by Roberts Empire Electric Company, subsequently bankrupt without paying in full. Defendant complains that its motion for the withdrawal of a juror was refused.
During his argument to the jury, plaintiff's counsel made remarks conceded to be unfair. After he concluded his speech counsel for appellant objected at side bar. The objection came a little late unless the rules of the court below provided (as we understand is the practice in some counties) that such objection may not be made until after the conclusion of the argument. It is always possible, if objection is interposed as soon as the *188
unfair comment is made, that counsel may immediately withdraw the objectionable words and may himself ask the jury to disregard them. This, for example, was done in Wilhelm v.Uttenweiler (an Allegheny County case),
It was stated at the argument, without contradiction, that some of the remarks made in the speech to the jury, referring to the witness Quinn as a "big business man," were intended to be satirical and could not have been otherwise understood by the jury and that such characterization was justified by the arguments made by counsel for appellant. The learned trial judge was familiar with these elements of the trial and in better position to judge of the propriety of the arguments than we are.
We may not sustain the assignment. The rule is perfectly clear and has been the subject of so much discussion *190
that we will not repeat what has been so frequently said. When the comment is so unfair as to be deemed harmful in its effect on the trial, a new trial will be granted: Mittleman v.Bartikowsky,
Judgment affirmed.