186 S.W. 864 | Tex. App. | 1916
This is a damage suit, the trial of which resulted in a verdict and judgment for the plaintiff, and the defendant has appealed. Only two assignments of error are presented by appellant, one complaining of a certain paragraph of the court's charge to the jury, and the other complaining of a refusal to give a requested instruction. Appellee objects to a consideration of either of the assignments referred to, because the record does not show that the objections to the charge were presented to the trial judge before he read it to the jury, and does not show that notice to opposite counsel of such objections was given, nor that appellant excepted to the action of the court in not sustaining the objections urged; and a similar objection is made in reference to the special charge that was requested and refused.
These objections are predicated upon the act of 1913 (Acts 33d Leg. c.
Affirmed.