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UNION PACIFIC RAILWAY CO. v. DANIELS

No. 165.

152 U.S. 684 (1894)

14 S.Ct. 756

38 L.Ed. 597

UNION PACIFIC RAILWAY COMPANY, v. DANIELS.

Supreme Court of United States.

Decided April 16, 1894.

Attorney(s) appearing for the Case

Mr. Artemas H. Holmes, (with whom was Mr. John F. Dillon on the brief,) for plaintiff in error.

Mr. Arthur Brown, for defendant in error, submitted on his brief.

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

1. At the close of the plaintiff's evidence, the defendant moved to dismiss the complaint, which motion was denied, and defendant excepted. Thereupon the defendant proceeded with its case and adduced evidence on its part. This waived the exception, and the action of the court in overruling the motion to dismiss cannot be assigned for error...

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