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SEABOARD COAST LINE R. CO. v. ZEIGLER

44626.

120 Ga. App. 276 (1969)

170 S.E.2d 60

SEABOARD COAST LINE RAILROAD COMPANY v. ZEIGLER.

Court of Appeals of Georgia.

Decided September 5, 1969.

Attorney(s) appearing for the Case

Knight & Perry, Alexander, Vann & Lilly, William U. Norwood, for appellant.

Coleman, Blackburn, Kitchens & Bright, Wilby C. Coleman, for appellee.

BELL, Presiding Judge.

1. (a) Counsel for plaintiff in his opening statement referred to defendant's train as "barrelling through Stockton." A motion for mistrial was made on the ground that this remark was prejudicial. The court overruled the motion, did not rebuke counsel, and did not instruct the jury to disregard the comment. In an opening statement counsel may state to the jury what he expects to prove. He should...

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