Reardon

(after stating the facts as above). [1] Error is assigned to a statement made by counsel for the plaintiff, in the presence of the jury, to the effect that the defendant had indemnity insurance against the accident, and that the insurance company was defending the action through its own counsel. On the examination of one of the talesmen, on his voir dire, by Sir. Cannon, counsel for the plaintiff, the following colloquy was had:

Error is assigned, not only to the statement of counsel, but to the ruling of the court in refusing to discharge the jury, and in admitting the testimony.

In Pennsylvania Co. v. Roy, 102 U. S. 451, 459 , 26 L. Ed. 141 , the court said:

In Throckmorton v. Holt, 180 U. S. 552, 567 , 21 Sup. Ct. 474, 480 ( 45 L. Ed. 663 ), the court said:

In line with these cases is Turner v. American Security & Trust Co., 213 U. S. 257, 267 , 29 Sup. Ct. 420, 53 L. Ed. 788 .

The only modification of the rule is in cases where the court can see that such a strong impression has been made upon the minds of the jury by illegal and improper testimony that its subsequent withdrawal will not remove the effect caused by its admission. Portland Gold Min. Co. v. Flaherty, 111…