Schwartz

Southern Pac. Co. v. Schwartz

Good Law
89 F.2d 192·1937 U.S. App. LEXIS 3424
United States Court of Appeals for the Ninth CircuitMarch 15, 1937No. 8289California1,412 words

Opinion

Lead Opinion

Neterer, J.

Reversal is sought of a judgment in favor of plaintiff against the defendant for failure in duty owed plaintiff, as in *193 vitee upon its. premises at Tucson, Ariz., for plaintiff’s safety.

Concisely stated, it is charged, and evidence produced tended to show, that a dangerous and deceptive condition in defendant’s baggage and parcel room was maintained and permitted to exist; that plaintiff, wholly ignorant thereof, and not having been warned of such condition, walked into the same, slipped and fell to her hurt.

Eight errors are assigned, viz.: (1) Overruling defendant’s demurrer to plaintiff’s complaint; (2) error in denying defendant’s motion for a directed verdict; (3) error in giving plaintiff’s requested instructions 4, 5, 6, and 7, and refusal to give defendant’s requested instruction (8) error in denying motion for a new trial.

The appellant in its brief, “for the sake of brevity,” argued the assignments together. Error 3 is insufficient to raise a question on appeal, in that it does not show the ground of objection to the instruction. Royal Finance Co. v. Miller, 47 F.(2d) 24 , at page 27 (C.C.A.9); Sacramento, etc., Co. v. Loucks (C.C.A.) 36 F.(2d) 921 ; Dayton…

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