American Smelting & Refining Co. v. Karapa

Citations

• 173 F. 607
• 97 C.C.A. 517
• 1909 U.S. App. LEXIS 5096

Syllabus

<p>1. Master and Servant (§ 263*)~Pleadjng — General Denial Sufficient.</p> <p>A general denial constitutes a good reply to averments in an answer of plaintiff’s contributory negligence and his assumption of the risk.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Dec. Dig. § 263.*]</p> <p>2. Trial (§§ 418, 420*) — Demurrer to Plaintiff’s Case Waived by Subsequent Evidence for Defendant.</p> <p>The defendant waives a demurrer to the plaintiff’s evidence, or a denial of its motion for judgment on the ground that the plaintiff’s evidence establishes no cause of action, by the subsequent introduction of evidence to the merits on its own behalf.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. §§ 980-983; Dee. Dig. §§ 418, 420.*]</p> <p>3. Appeal and Error (§ 263*) — Exception Indispensable to Review.</p> <p>It is indispensable to the review in a federal appellate court of a ruling upon a request for an instruction to the jury that it should have been challenged by an exception.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 1516-3532 ; Dec. Dig. § 263.*]</p> <p>4. Appeal and Error (§ 977*) — Rulings on Motions for New Trial Discretionary and Not Reviewable.</p> <p>When a federal trial court has jurisdiction to grant or refuse a new trial, its order on the subject is discretionary, and it is not reviewable in an appellate court.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 3860-3865; Doc. Dig. § 977.*]</p> <p>(Syllabus by the Court.)</p>