69 So. 231 | Ala. Ct. App. | 1915
The bill of exceptions in this case recites that: “After an argument to the court by both counsel for the plaintiff and for the defendant, the court ruled that the defendant railroad company was liable as a common carrier for the damages done to the goods in transit; that the measure of damages was the difference in the value of the goods at the time of receiving them by the carrier and their value at the time of
The ruling on the evidence assigned as error is affirmatively shown by the recitals in the bill of exceptions not to have been the particular ruling causing the plaintiff to suffer a nonsuit, and, even had it been otherwise, and this ruling on the evidence before us for review as having superinduced the nonsuit, the trial court would not be put in error for the ruling in sustaining the objection to the question that is made the basis of the assignment of error. The question to which an objection was sustained did not necessarily call for evidence material to.the issue before the court, and it was not made known to the court what testimony the question was expected to elicit.—Sellers v. State, 7 Ala. App. 78, 84, 61 South. 485, and authorities there cited.
Appeal dismissed.