198 S.W. 600 | Tex. App. | 1917
The assignments are predicated upon the action of the trial court in peremptorily charging the jury to find in favor of defendant in error against plaintiffs in error, who were the defendants in that court. As it does not appear from anything in the record we are authorized to consider that plaintiffs in error presented to said court the objection they urge to the charge, before same was read to the jury, they are in the attitude of having waived the objection and are not entitled to have their assignments considered here. Article 1971, Vernon's Statutes; Railway Co. v. Wadsack,
The contention made, that the error (if it was one) of the trial court in peremptorily charging the jury to find for defendant in error was a fundamental one entitling plaintiffs in error to have the action of that court reviewed whether they objected to it or not, is overruled. This court and other Courts of Civil Appeals have repeatedly, and we think correctly, held to the contrary of the contention. Railway Co. v. Wilson,
The judgment is affirmed.