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RUNKLE v. BURNHAM

No. 266.

153 U.S. 216 (1894)

14 S.Ct. 837

38 L.Ed. 694

RUNKLE, v. BURNHAM.

Supreme Court of United States.

Decided April 30, 1894.

Attorney(s) appearing for the Case

Mr. Hamilton Wallis and Mr. William D. Edwards for plaintiff in error.

Mr. Frederic R. Coudert, (with whom were Mr. Robert O. Babbitt and Mr. Charles Frederic Adams on the brief,) for defendant in error.

MR. JUSTICE WHITE, after stating the case, delivered the opinion of the court.

1. By not resting on his motion for a non-suit, and by thereafter offering his own evidence, the defendant waived his motion, and the overruling thereof cannot be assigned for error here. Union Pacific Railway v. Daniels, 152 U.S. 684, and authorities there cited.

2. The exceptions taken during the progress of the trial are numerous...

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