South Penn Oil Co. v. Latshaw

Citations

• 111 F. 598
• 49 C.C.A. 478
• 1901 U.S. App. LEXIS 4407

Syllabus

<p>1. Appf.al — Questions Reviewablu — Rubins on Motion for New Trial. ( 1</p> <p>( Under the practice of the federal courts, the ruling on a motion for 1 new irial is not reviewable.</p> <p>2. Same—Questions Presented by Record—Refusal op Instructions.</p> <p>The refusal of instructions asked cannot bo. reviewed on appeal unless the bill of exceptions contains the evidence relied on to make such instructions applicable to tlio case as submitted to the jury.</p> <p>3. Same—Exceptions and Assignments op Error—Failure to Comply with Rules.</p> <p>Where but a single exception was taken, and a single assignment of error is made, covering the giving of certain instructions, the refusal to give others, and the charge as given, no question is presented which will be considered by the appellate court.</p> <p>4. Contracts—Construction—Drilling Oil Well.</p> <p>In an action to recover for the drilling of an oil well, which was made under a written contract by which the plaintiff agreed to complete and clean the well and deliver it to defendant for a stiinilated price iier foot, he cannot recover'for time lost in fishing for tools in such well, the necessity for which was one of the risks he assumed by his contract.</p>