Landsberg v. San Francisco & P.S.S. Co.
Decision Date | 14 March 1923 |
Docket Number | 3940. |
Parties | LANDSBERG v. SAN FRANCISCO & P.S.S. CO. |
Court | U.S. Court of Appeals — Ninth Circuit |
William P. Lord, of Portland, Or., for plaintiff in error.
A. C Spencer and John F. Reilly, both of Portland, Or., for defendant in error.
Before GILBERT, MORROW, and RUDKIN, Circuit Judges.
This was an action to recover damages for personal injuries. At the close of the testimony on the part of the plaintiff, the court below directed a verdict in favor of the defendant, and the plaintiff brings error.
At the threshold of the case we are met with the objection that no exception was taken or reserved to the charge of the court and there is therefore no question before us for review. That this is the general rule does not admit of question. Lindsay v. Burgess, 156 U.S. 208, 15 Sup.Ct. 355, 39 L.Ed. 399; Smith v. Hopkins, 120 F. 921, 57 C.C.A 193; Mexico International Land Co. v. Larkin, 195 F. 495, 115 C.C.A. 405; Gould & Curry Min. Co. v. Douglass (C.C.A.) 273 F. 681. Counsel for plaintiff in error practically concedes this, but bases his right of review on rule 11 of this court (208 F. vii) and the Act of February 26, 1919, amending section 269 of the Judicial Code (40 Stat. 1181 (Comp. St. Ann. Supp. 1919, Sec. 1246)).
This whole question was fully considered by this court in the recent case of Bilboa v. United States, 287 F. 125, decided February 26, 1923. We there said:
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