Smith v. Hopkins

Citations

• 120 F. 921
• 57 C.C.A. 193
• 1902 U.S. App. LEXIS 4690

Syllabus

<p>1. Appeal — Assignments of Error.</p> <p>Under Circuit Court of Appeals Rule 11 (31 C. C. A. cxlvi, 90 Fed. cxlvl), providing that assignments of error shall set out separately and particularly each error asserted and intended to be urged, assignments that the judgment is contrary to law, contrary to the evidence, and contrary to the preponderance of the evidence, cannot be reviewed.</p> <p>8. Same — Direction op Verdict — Exception—Necessity.</p> <p>An assignment that the court erred in directing the jury to find the issues for the defendant cannot be reviewed, in the absence of an exception to such direction at the trial.</p> <p>8. Same — New Trial — Review.</p> <p>The denial of a motion for a new trial cannot be reviewed by the Circuit Court of Appeals.</p> <p>4. Same — Rendition of Judgment — Review.</p> <p>An assignment that the court erred in rendering judgment is too general to present any question for review.</p> <p>5. Same — Review of Evidence.</p> <p>An assignment that the court erred in excluding certain testimony, which included four printed pages of questions propounded to the witness on the trial, was objectionable for failure to set out each error asserted separately and particularly, and was, therefore, insufficient to present any question for review.</p> <p>■6. Same — Conduct of Court.</p> <p>An assignment that the court gave improper verbal instructions, followed by two printed pages of remarks by the court during the progress of the trial, some of which declared reasons for certain rulings and others regulated the conduct of the trial, to many of which remarks no exceptions were taken, could not be reviewed.</p> <p>7. Same — Harmless Error.</p> <p>Where a case was withdrawn from the jury at the close of plaintiff's testimony, remarks by the court during the progress of the trial were without prejudice.</p> <p>8. Negligence — Injury to Licensee.</p> <p>A railroad company leased land on the north side of a river, which it improved for a pleasure