Sabin

Defendant appeals from a judgment that was rendered against him pursuant to a verdict which was returned by a jury in an action for damages that arose from personal injuries sustained by plaintiff at a time when he was struck by an automobile owned and operated by defendant.

In his opening brief' appellant makes the statement that the only issue presented on the appeal is whether “the court erred in refusing to declare a mistrial and to discharge the jury after plaintiff on direct examination was asked to testify, and did testify, about an alleged conversation with defendant regarding insurance”. In that regard two asserted separate references. to the assumed fact that defendant was protected by a contract or policy of insurance from the payment of any damages for which he might become liable in the matter, form the basis for the contention by appellant that, in the absence of such references, a verdict of the jury might have been returned in favor of defendant. The first of such alleged acts of so-called misconduct on the part of plaintiff occurred in the course of the “voir dire” examination by plaintiff’s attorney of the prospective jurors called into the jury-box, preparatory…