Texas & P. Ry. Co. v. Holliday

Fifth Circuit

Texas & P. Ry. Co. v. Holliday

83 F. 452, 27 C.C.A. 558, 1897 U.S. App. LEXIS 2102

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 7, 1897

StatusPublished

This text of 83 F. 452 (Texas & P. Ry. Co. v. Holliday) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Texas & P. Ry. Co. v. Holliday, 83 F. 452, 27 C.C.A. 558, 1897 U.S. App. LEXIS 2102 (5th Cir. 1897).

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Opinion

PER CURIAM.

Tke paragraphs of .the general charge to which exceptions were taken and on which error is assigned, considered as ■separate propositions, may be somewhat subject to criticism and require qualification; but considered in their relation to the whole charge, and to all the proof in the case, they do not present such misdirection to the jury as did or could have misled them in their application of the whole charge to the whole proof. The charges requested and refused, as far as they were sound and not calculated to mislead by giving undue prominence to certain features of the proof, are sufficiently embraced in the general charge of the court. Upon a full consideration of the whole case, we are satisfied that it was fairly submitted to the jury under sufficient and proper instructions, and that the judgment of the circuit court should be, and it is, affirmed.

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PER CURIAM.

Tke paragraphs of .the general charge to which exceptions were taken and on which error is assigned, considered as ■separate propositions, may be somewhat subject to criticism and require qualification; but considered in their relation to the whole charge, and to all the proof in the case, they do not present such misdirection to the jury as did or could have misled them in their application of the whole charge to the whole proof. The charges requested and refused, as far as they were sound and not calculated to mislead by giving undue prominence to certain features of the proof, are sufficiently embraced in the general charge of the court. Upon a full consideration of the whole case, we are satisfied that it was fairly submitted to the jury under sufficient and proper instructions, and that the judgment of the circuit court should be, and it is, affirmed.

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Bluebook (online)

83 F. 452, 27 C.C.A. 558, 1897 U.S. App. LEXIS 2102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-p-ry-co-v-holliday-ca5-1897.