De Liere v. Goldberg, Bowen & Co.

THE COURT.

This is an appeal from a judgment in favor of plaintiff in an action for damages for personal in

[613]

juries, and from an order denying a new trial. The cause was tried before a jury.

The first contention of the appellant is directed against the alleged misconduct of counsel for plaintiff during the proceedings for the impanelment of the jury, consisting in asking of a prospective juror the question, “Do you know a corporation known as the General Accident, Life and Fire Insurance Company?” and in stating in substance, in answer to an objection to said question, that the defendant was indemnified by said corporation against liability for injuries of the nature of those involved in this action. The question and statement of counsel were assigned as misconduct. The court sustained the objection to the question, and a little later, when the same matter was again adverted to by plaintiff’s counsel, and again assigned as misconduct, the court expressly admonished the jury to disregard any reference to outside matters, and confine themselves to the issues between the two immediate parties to the case. Still later, and during the cross-examination of one of the defendant’s witnesses, counsel for the plaintiff asked him whether he had not been told by defendant to go down and make a report to the surety company in regard to the accident. This question was also objected to and assigned as misconduct, and the court again sustained the objection to it, but counsel for the defendant did not ask nor did the court give any further admonition to the jury.

In urging here the contention that by this repeated reference by counsel for the plaintiff to the effect that plaintiff was indemnified against an adverse verdict by a surety company, he was guilty of prejudicial misconduct requiring a reversal of the case, the appellant strongly relies upon the cases of

Roche

v.

Llewellyn,

140 Cal. 563, [74 Pac. 147], and

Pierce

v.