Southern Marble Co v. Pinyon
| Decision Date | 12 November 1915 |
| Docket Number | (No. 64.) |
| Citation | 144 Ga. 259,86 S.E. 1086 |
| Parties | SOUTHERN MARBLE CO. v. PINYON. |
| Court | Georgia Supreme Court |
(Syllabus by the Court.)
Error from Superior Court, Pickens County; H. L. Patterson, Judge.
Action by Lee Pinyon, by next friend, against the Southern Marble Company. There was a judgment for plaintiff, and defendant brings error. Reversed.
A. H. Davis and C. B. Atkins, both of Atlanta, for plaintiff in error.
F. C. & Howard Tate, of Jasper, and J. B. McCallum, of Atlanta, for defendant in error.
HILL, J. 1. Lee Pinyon, a minor 16 years of age, brought suit by his father, W. L. Pinyon, as next friend, against the Southern Marble Company, to recover damages for personal injuries alleged to have been sustained by him while working as an employs of the defendant's marble mill. A verdict was rendered for the plaintiff. A motion for a new trial having been overruled, the defendant excepted.
Complaint is made of the use of the following language by counsel for the plaintiff in his concluding argument to the jury, which was objected to and a ruling of the court invoked:
Also that the plaintiff in his concluding argument to the jury said that "the plaintiff had been followed and watched, " and asked, "Who has been hounding him?" The court declined to stop or rebuke counsel for the use of the language quoted. It is contended that there was no evidence to authorize counsel to use such language, and that its use was prejudicial and tended to inflame the minds of the jury against the defendant.
"Where counsel in the hearing of the jury makes statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same; and, on objection made, he shall also rebuke the. same, and by all needful and proper instructions to the jury endeavor to remove the improper impression from their minds; or, in his discretion, he may order a mistrial if the plaintiff's attorney is the offender." Civil Code 1910, § 4957.
In this case the fifth ground of the motion for a new trial has added to it a note which does not seem to have any application to the ground itself. Possibly it was intended to be added to the sixth ground. This leaves the grounds and their approval in a...
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McLendon v. Johnson
... ... v. Cornwell, 139 Ga. 1(2, a), 76 S.E. 387, ... Ann.Cas.1914A, 880; Southern Marble Co. v. Pinyon, ... 144 Ga. 259(2), 86 S.E. 1086; and Gaskins v ... Gaskins, 145 Ga. 806, ... ...
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Mclendon v. Johnson
...705, 708, 181 S.E. 315; Central Georgia Power Co. v. Cornwell, 139 Ga. 1(2, a), 76 S.E. 387, Ann.Cas.l914A, 880; Southern Marble Co. v. Pinyon, 144 Ga. 259(2), 86 S.E. 1086; and Gaskins v. Gaskins, 145 Ga. 806, 89 S.E. 1080. "In no trial should the scope of the court's instructions to the j......
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Ogden v. State, 20296.
...Cornwell, 139 Ga. 1 (2), 76 S. E. 387, Ann. Cas. 1914A, 880; Gaskins v. Gas-kins, 145 Ga. 806 (1), 89 S. E. 1080; Southern Marble Co. v. Pinyon, 144 Ga. 259 (2), 86 S. E. 1086; Barrett v. Bryant, 156 Ga. 614 (1), 119 S. E. 599; Kirkland v. Brewton, 32 Ga. App. 128 (2), 122 S. E. 814, and ci......
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Southern Marble Co. v. Pinyon
...86 S.E. 1086 144 Ga. 259 SOUTHERN MARBLE CO. v. PINYON. No. 64.Supreme Court of GeorgiaNovember 12, Syllabus by the Court. "Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the sam......