Perez

In this action plaintiff sought to recover damages from defendants for personal injuries sustained by him as the result of defendants’ negligence.

The defendants Joseph Wilson and Claire Wilson, though testifying at the trial, made no appearance in the action and plaintiff did not ask for judgment against them.

The case was tried before a jury and a verdict returned against defendant Orman Crocker in the sum of seven thousand dollars. From the judgment entered on this verdict and from the court’s order denying his motion for a new trial the defendant Crocker prosecutes this appeal.

It is conceded that the evidence was sufficient to sustain the verdict, and no errors in the admission or rejection of testimony are noted or urged. Nor is the court’s action in the giving or refusal to give instructions complained of here. The sole point before this court and the point upon which appellant asks for a reversal of the judgment is misconduct of counsel for plaintiff, as a result of which defendant was precluded from a fair trial of his cause on the merits.

The alleged misconduct arises from the following state of facts:

To this statement of counsel no objection was made by defendant…