(Download) "Annie Brenan v. Moore-Mccormack Lines" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Annie Brenan v. Moore-Mccormack Lines
- Author : Supreme Court of New York
- Release Date : January 25, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
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[3 A.D.2d 1006 Page 1006] We find on this record that the court's charge to the jury was substantially correct. The appellant failed to take the necessary
exceptions and make the necessary requests in order to preserve its right to rely on several of the alleged errors. The submission
of requests to find in advance of the charge did not obviate the necessity for specific exceptions and appropriate requests
after the charge to the jury incorporating appellant's theory of the case. (Kittredge v. Grannis, 236 N. Y. 375, 387; Civ.
Prac. Act, 446.) Adequate opportunity was afforded the appellant after the court's charge to the jury to take exceptions
and to make additional requests; appellant availed itself of exceptions and requests on the issue of damages, the issue of
liability in respect of the second cause of action, and the evidence in regard to the X rays. Appellant did not specifically
except to the court's charge on comparative negligence, and the subsequent injury to the ankle and appellant's liability therefor,
nor did it make any requests after the charge pertaining thereto.