Seaboard Air-Line Railway v. Devlin

1. Under repeated rulings of this court and of the Supreme Court, an assignment of error based on a refusal to grant a non-suit will not be considered when thereafter the ease proceeds to a verdict in favor of the plaintiff, and exception is taken to the overruling of a motion for a new trial which contains the ground that the ver- ' diet rendered is contrary to the evidence and' without evidence to support it.

2. Under the pleadings and the facts in this ease, the court having clearly and distinctly instructed the jury that if the plaintiff was injured by his own negligence, or that if by the…