Jacksonville, Tampa & Key West Railroad v. Peninsular Land, Transportation & Manufacturing Co.

Citations

• 27 Fla. 157

Syllabus

<p>1. Tlie absence of further notice of assignments of error than a statement in a brief that questions propounded to witnesses, as appears by ninety-five assignments of error “were leading, and sought to elicit testimony which was irrelevant and incompetent, and that the court erred in overruling the objections” to them, may be treated as an abandonment of the assignments, particularly where such questions and objections are scattered throughout a bill of exceptions of four hundred and seventy-nine pages, although such submissions of the assignments is accompanied with the assurance that they are. “earnestly insisted upon;” yet in this caso they were not so treated, but in view of the gravity of the cause were duly considered by the court and found to have received from counsel all the attention they merited.</p> <p>2. No ground or position not taken on the hearing can be assumed in a petition for rehearing.</p> <p>3. A rehearing will not be granted where the petition for it suggests nothing which gives us reason to apprehend that the judgment is erroneous.</p>