69 F. 223 | 5th Cir. | 1895
The assignment of errors points out 12 grounds of alleged error in the action of tlie trial court, 11 of which relate to the refusal to charge the jury as requested by the defendant. Most of the requested charges are substantially embraced and more accurately and soundly stated in the court’s charge. The others, when reduced to their essential extract, make a request for the general charge for the "defendant. While there is possibly a preponderance of proof against plaintiff’s contention on the single vital issue of fact joined by the parties, it is clear to us that there was proof tending to support the case of the plaintiff. There was, therefore, an issue for the jury. As we have already said, the matter of the requested charges, as far as it was proper for any of them to have been given, was embraced in the charge of the court, and therefore should not have been repeated in the language of counsel, colored, more or less, as such language always is, by the bias of advocacy. The judgment of the circuit court is affirmed.
