Boston & Albany Railroad v. O'Reilly

Citations

• 158 U.S. 334
• 15 S. Ct. 830
• 39 L. Ed. 1006
• 1895 U.S. LEXIS 2259

Syllabus

<p>Where a case has gone to a hearing, testimony been admitted to a jury under-objection but without stating any reasons for the objection, and a verdict rendered, with judgment on the verdict, the losing party cannot, in the appellate court, state for the first time a reason for that objection which ■ would make it good.</p> <p>Evidence offered by the plaintiff to show the profits of his'business and admitted under objections is held not to be such as to enable the jury to intelligently perform its duty of finding the earnings of the plaintiff after allowing for interest on capital invested, and for the energy and skill of his partners.</p> <p>Other evidence, admitted under objections, held to be too uncertain to be made the basis for damages, and to have probably worked substantial injury to the rights of the defendant.</p> <p>While an appellate court will not disturb a judgment for an immaterial error, yet it should appear beyond a doubt that the error complained of did not and could not have prejudiced the.rights of the party duly objecting.</p>