Sherard v. Richmond &c. Railroad

Citations

• 35 S.C. 467
• 14 S.E. 952
• 1892 S.C. LEXIS 198

Syllabus

<p>1. Charging Juries — Requested Error. — Appellant’s complaint that the trial judge erred under the testimony in the case in submitting to the jury the matter of exemplary damages, will not be considered where appellant requested the judge to charge upon this matter.</p> <p>2. Ibid. — Omissions.—A failure to charge upon matters not requested is merely an omission, and cannot be urged as error on appeal.</p> <p>3. Appeal Record. — This court will not refer to the “Case” in another cause pending before the court to find support for error alleged in an exception taken in the cause under consideration.</p> <p>4. Evidence — Contrary Statement.- — -It is not error to permit a witness on his cross-examination to be asked if he did not make a contrary statement as a witness in another cause which had been tried that day, and then to permit such contrary statement to be proved by the court stenographer.</p>