PATRICK V. GRAHAM, 132 U. S. 627 (1890)

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U.S. Supreme Court

Patrick v. Graham, 132 U.S. 627 (1890)

Patrick v. Graham

No. 152

Argued December 10, 1889

Decided January 6, 1990

132 U.S. 627


Where a case has gone to a hearing, testimony been submitted to the jury under objection but without stating any reason for the objection, and a verdict rendered, with judgment on the verdict, the losing party cannot, in the appellate court, state for the first time a reason for that objection which would make it good.

In an action to recover damages for the taking of ore from a mine by the proprietor of an adjoining mine, who had broken in, a witness for defendant was asked whether he had a model of the mine, but was not asked whether it was correct, and did not say that it would illustrate the subject about which he was testifying. Plaintiff objected to its production, and the objection was sustained. In this Court, no copy of the model was produced. Held that it was properly rejected.

The evidence of a person who did not personally know abort the amount of ore taken from the mine was properly rejected at the trial of such action, and cannot be held to be admissible under a stipulation which does not form part of the record.

An exception to the refusal to give instructions in the language of counsel is of no avail if the court substantially gives the same instructions, although in different language.

The case is stated in the opinion.

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