Union Pac. R. Co. v. Field

Citations

• 137 F. 14
• 69 C.C.A. 536
• 1905 U.S. App. LEXIS 4534

Syllabus

<p>1. Trial—Duty of Court and Counsel—Misconduct of Counsel.</p> <p>It is the duty of the court and of its officers, the counsel of the parties, to prevent the jury from the consideration of extraneous issues, of incompetent evidence, and of erroneous views of the law, to guard it against the influence of passion and prejudice, and to assure to the litigants a fair and impartial trial.</p> <p>2. Same—Counsel Must Object to Preserve Eights of Client.</p> <p>It is'the duty of-the trial judge, without objection from opposing attorneys, to prevent counsel in his address to the jury from discussing extraneous issues, from introducing irrelevant facts, and ftom insinuating erroneous views of. the Jaw.</p> <p>But opposing attorneys must except to the erroneous argument of the. speaker, if the court fails to act, in order to preserve the rights of their Client.-</p> <p>[Ed. Note.—For cases, in point, see vol. 46, Cent. Dig. 'Trial, . § 312.]</p> <p>3. Same—Admission of Irrelevant Facts or of Errors of Law by Argument.</p> <p>The admission of unsworn statements of irrelevant facts by counsel in-his address to the jury is as fatal as the introduction of testimony to prove them.</p> <p>The suggestion of erroneous views of the law by counsel in argument,'' unless extracted by the charge of the court, is equally fatal.</p> <p>[Ed. Note.—For cases in point, see vol. 46, Cent. Dig; Trial, §§ 284, 292.]</p> <p>4. Appeal—Error is Presumed Prejudicial.</p> <p>The presumption is that error produces prejudice. It is only when it appears so clearly as to be beyond doubt that the error challenged did not prejudice and could not have prejudiced the complaining party that- the rule that error without prejudice is no ground for reversal is applicable.</p> <p>[Ed. Note.—For cases in point, see vol. 3, Cent. Dig. Appeal and Error, §§ 4038-4046.]</p> <p>(Syllabus by the Court.)</p>