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WINN v. LAFAYETTE TOWN HOUSE

No. 87-1828.

839 F.2d 835 (1988)

Frederick WINN, Executor of the Estate of Marguerite Winn, Plaintiff, Appellee, v. LAFAYETTE TOWN HOUSE, etc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 27, 1988.

Attorney(s) appearing for the Case

John S. Whitman with whom Richardson & Troubh, Portland, Me., was on brief, for defendant, appellant.

Rita M. Farry with whom Greenberg & Greenberg, Portland, Me., was on brief, for plaintiff, appellee.

Before BOWNES, ALDRICH and TORRUELLA, Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

During trial of this run-of-the-mill slip and fall case plaintiff asked such highly improper questions that the court, though stating it would not grant a mistrial, indicated its doubts whether the prejudice could be eradicated from the minds of the jury.1 The trial continued, and in due course, in answer to special questions, the jury found that defendant had been negligent

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