Greening

This is an automobile collision ease and was tried before a jury. It is here on appeal from an order of the trial court granting a new trial to plaintiffs. The facts relevant to the appeal are as follows: In presenting the case to the jury the following occurred: “Mr. Parker [attorney for defendants] : I tell you, ladies and gentlemen, if Mr. Ford is responsible for this accident he is guilty of a criminal act—of a crime. Mr. Pray [attorney for plaintiffs] : Just a moment, your honor, I assign that statement of counsel as misconduct and as not the law. Mr. Parker: I believe it is the law. The Court: I do not think that it is a true statement of the law. I will have to differ in opinion with you. In other words, a person might be responsible civilly in damages for negligence and yet his conduct' might not be sufficiently wanton to amount to a crime, and I think you are in error in that statement, and the jury is instructed to disregard it”; whereupon counsel for defendants stated to the jury: “Ladies and gentlemen, do not take the law from me. All I ask is that you follow the law and the instructions given to you by this court.” The arguments were finished without further event,…