36 Ga. App. 11 | Ga. Ct. App. | 1926
Gentle obtained a substantial verdict for personal injuries against the Southern Railway Company. The defendant’s motion for a new trial was overruled, and to this judgment it excepted. One of the grounds of the motion was as follows: “Upon the trial of the case brought by H. S. Gentle vs. Southern Railway Company, upon which a verdict and judgment was rendered in favor of the plaintiff, H. S. Gentle, and against the defendant, Southern Railway Company, now movant, the court erred in the following particulars: Hon. B. P. Gaillard, of counsel for plaintiff,' in his argument to the jury, in referring to what is known as the safety-appliance act, used the following language: ‘ Gentlemen of the jury, this is one of the wisest and most beneficent laws ever passed by Congress, or any other legislative body. Oh! the railroads fought it, of course they did, as they always have and-always will, wherever money is on one side and human, life and safety is on the other, or where an ancient wrong is pro
In the instant case the language used was so calculated to prejudice the jury against all railroad companies, including the defendant, that it is extremely doubtful if its injurious effects could have been cured by any rebuke of the court or by any instructions to the jury. A mistrial was the only remedy.
No other reversible error appears.
Judgment reversed.