St. Louis, Iron Mountain & Southern Railway Co. v. Smith

Wood, J., (dissenting.) The argument of counsel was highly prejudicial, and the approval of same by the court, after its attention was called to same, was tantamount to an instruction to the jury to the effect that the damages might be awarded as counsel desired. It is difficult to imagine a more erroneous and prejudicial argument. It was utterly foreign to the law, and wholly in conflict with the other instruction which the court gave correctly defining the measure of damage.