Torrey v. Peck

Citations

• 13 S.D. 538
• 83 N.W. 585
• 1900 S.D. LEXIS 184

Syllabus

<p>1. Where the trial court, by its instructions, to which no exception was taken, submitted to the jury certain questions only as those on which the right of recovery depended, error in the admission or exclusion of evidence which had no bearing upon either of such questions is without prejudice.</p> <p>2. Error in overruling a motion to direct a verdict for defendant at the close of plaintiff’s case, or a motion to dismiss, is waived where defendant fails to renew the motion after all the evidence has been presented.</p>