70 Iowa 593 | Iowa | 1887
I. No exceptions to the instructions were taken at the time they were given, but they were excepted to in a motion for a new trial filed within three days after verdict. It is provided by statute that this may be done, but in such case the “ exceptions shall specify the part of the charge or instruction objected to, and the ground of the objection.” Code, § 2789. In Miller v. Gardner, 49 Iowa, 234, it was held that-an exception to instructions, taken in a motion for a new trial, that “the same are not applicable and
The exception to the third instruction is as follows: “The court erred in giving the third instruction in form and man-
It is further said in the motion for a new trial: “The court erred in giving the fourth instruction in form and manner it did, without more, as it is contradictory and misleading, and does not express the full requirements of the law.” This is clearly too general. It should have been stated wherein it is contradictory, misleading, and does not express the full requirements of the law. It is further said in said motion: “ The court erred in giving the fifth instruction, as the same is surplusage and misleading, suggesting to the jury that in this action they are instructed to find for the defendant (it being in no manner liable, having been settled in right of way, etc., without negligence. The jury overlooked the words “ without negligence etc., or fail to comprehend the full meaning in this connection.)” By the
Tbe foregoing are all tbe exceptions to instructions contained in tbe motion for a new trial, and, as their insufficiency under tbe statute is insisted upon by counsel for tbe appellee, we cannot disregard tbe point made, and therefore cannot determine whether tbe instructions are erroneous or not.
II. The plaintiff asked John Granerboltz when on tbe stand a question in these words: “ I will ask you if this
Affirmed.