Rajotte-Winters, Inc. v. Whitney Co.

The plaintiff in error was the plaintiff below in two causes of action, one to recover compensation in addition to the sum provided for and to be paid to it under its contract with the defendant for the construction of a railroad bed, and one to recover moneys alleged to have been expended on behalf of the defendant in the construction work. A jury trial was waived and the cause was tried before the court. At the conclusion of the testimony the court found for the defendant and judgment was entered accordingly. There were no findings of fact.

The plaintiff made no request for a finding in its favor or for a ruling upon any question of law. Such being the case, under the well-settled rule of practice in the federal courts, the plaintiff cannot assign error to the findings of the trial court on the facts of the case and can only avail itself of exceptions taken to the admission or re *802 jection of testimony. Dunsmuir v. Scott, 217 F. 200 , 133 C. C. A. 194 ; Sierra Land & Livestock Co. v. Desert Power & Mill Co., 229 F. 982 , 144 C. C. A. 264 ; Wear v. Imperial Window Glass Co., 224 F. 60 , 139 C. C. A. 622 ; National Surety Co. v. Lincoln County, Montana, 238 F. 705 , 151 C. C.…