Reference

Full Case Name

THE UNION PACIFIC RAILWAY v. United States

Status

Published

Syllabus

On the claimants1 Motion. After the trial and filing of the findings of fact the claimants again present their original requests, and move the court to find the facts so requested or to enter of record its refusal as to each specifically. The court below decides— (1.) The present practice of the court is to give to the requests of parties the fullest consideration and the most careful scrutiny, and, without ruling upon each separately, to make up, in its own language, findings which will cover every material fact asked for by either party so as to present to the appellate court a cleat and concise statement upon which questions of law may he reviewed. (2.) When, after trial, no specific fact is requested, but only a specific ruling on each of numerous requests previously presented at the trial, the motion will be overruled. (3.) The requests for findings of fact submitted by the parties before trial form no part of the record for appeal; nor can the parties make them ■ a part of the record by annexing them to a motion that the court, find specifically as to each.