Mills v. Warn

A single question is presented by this appeal: Whether the trial court properly granted a motion for mistrial because insurance was mentioned during the presentation of the plaintiffs case, after the court had specifically instructed counsel to inform his witnesses that the term must not be mentioned again. It had been mentioned twice by a different witness before the admonishment. The defendant moved for a mistrial after the first two references, but withdrew the motion. The motion for mistrial was remade after the third incident. Barbara Jean Mills, mother of the minor plaintiffs, was being cross-examined by counsel for the defendants Warn: