219 F. 549 | 8th Cir. | 1915
This is an action to recover damages for the death of Luigi Benassi, alleged to have been caused by the negligence of plaintiffs in error. There was a judgment for defendant in error to reverse which the case has been removed here. The only points discussed in the brief of counsel for plaintiffs in error are;
1. There' was no evidence introduced showing negligence on the part of plaintiffs in error.
2. The evidence showed that the defendant in error was guilty of Contributory negligence.
3. The evidence showed that the death of Benassi was due to a risk which he had assumed.
4. That the verdict is contrary to the evidence.
"Bearing tbis in mind, it bas been so long settled that the ruling on a motion for a new trial cannot be reviewed in an appellate court as to scarcely require the citation of authorities.”
We might treat the errors assigned and not argued as abandoned, but we have considered them and find them without merit.
The judgment below must be affirmed; and it is so ordered.