Rublee v. Belmont

U.S. Court of Appeals for the Ninth Circuit
Rublee v. Belmont, 62 N.H. 365 (9th Cir. 1882)
Stanley, Carpenter

Rublee v. Belmont

Opinion of the Court

Stanley, J.

The legal principle governing the first point of the case was fully slated in the general instructions. Each party had an opportunity in argument to apply it to his view of the facts, and it was not error of law for the court to refuse to give instructions on its application to particular evidence. P. M. L. Ins. Co. v. Clark, 59 N. H. 345; Fogg v. Moulton, 59 N. H. 499; Ordway v. Sanders, 58 N. H. 132; Spalding v. Brooks, 58 N. H. 224; White v. Jordan, 27 Me. 370; Johnson v. Knowlton, 35 Me. 467; Sawyer v. Steamboat Co., 46 Me. 400; Darby v. Hayford, 56 Me. 246; Thornton v. Thornton, 39 Vt. 122; Whitcomb v. Fairlee, 43 Vt. 671; Durgin v. Danville, 47 Vt. 95. The sub *366 stance of the requested charge was given, and it is no ground of exception that it was not repeated, or that a particular form of expression was not used. Walcott v. Keith, 22 N. H. 197; Tucker v. Peaslee, 36 N. H. 167, 178.

Judgment on the verdict.

Carpenter, J., did not sit: the others concurred.

Reference

Full Case Name
Rublee v. Belmont.
Syllabus
but that the highway was defective by reason of the lack of a suitable railing and the plaintiff was injured thereby