Smith v. Day

Citations

• 117 F. 956
• 1902 U.S. App. LEXIS 5156

Syllabus

<p>1. Appeal—Reversal—Effect of Remand for New Trial.</p> <p>Where the opinion of the appellate court determined every issue upon which plaintiff based his right of recovery adversely to his contention, it cannot be inferred from the fact that a judgment against him was reversed because of errors on the trial, and the cause remanded for a new trial, that such court intended to hold that the evidence was sufficient to sustain a verdict in his favor.</p> <p>2. Negligence—Failure to Give Notice oe Firing Blast—Immateriality.</p> <p>A plaintiff who was injured by a rock thrown by a blast made by defendants after he had gone on hoard a boat lying at a nearby wharf, as a passenger, cannot recover for the injury on the sole ground that defendants were negligent in failing to give notice of the intended firing of the blast, where it appears from his own testimony that he heard blasting, and understood that it was being carried on, when he went on board, some half an hour or. more before the accident.</p>