United States Supreme Court Cases & Opinions

U.S. Supreme Court

Newport News & Mississippi Valley Co. v. Pace, 158 U.S. 36 (1895)

Newport News and Mississippi Valley Company v. Pace

No. 223

Argued January 31, 1895

Decided April 22, 1895

158 U.S. 36

Syllabus

The fact that objections are made to the admission or exclusion of evidence and overruled is not sufficient, in the absence of exceptions, to bring them before the court.

It is the duty of counsel excepting to propositions submitted to a jury, to except to them distinctly and severally, and where they are excepted to in mass, the exception will be overruled if any of the propositions are correct.

There is nothing in this case to take it out of the operation of these well settled rules.

This was an action for damages instituted by Pace, a citizen of Tennessee, against the Newport News and Mississippi Valley Company and the Chesapeake, Ohio and Southwestern Railroad Company, in the Circuit Court of Dyer County, Tennessee, and subsequently removed into the Circuit Court of the United States for the Eastern Division of the Western District of Tennessee by the Newport News and Mississippi

Page 158 U. S. 37

Valley Company under the fourth paragraph of section 2 of the Act of August 13, 1888, 25 Stat. 433, c. 866, on the ground of prejudice or local influence. Soon after the removal, the case was discontinued as to the Chesapeake, Ohio and Southwestern Railroad Company. The trial resulted in a verdict and judgment in favor of Pace, whereupon a writ of error was brought.