F. W. Bromberg & Co. v. Norton

The evidence is without conflict that the loss of the ring was due to larceny by a porter in the employ of defendant, who, as bailee, was liable for negligence. During the trial, defendant’s counsel stated to the court that he did not care to “avail himself of any defense regarding liability." The court instructed the jury that—

“Relying on the statement of counsel, * * * the only question left for your consideration * * * ig * * * the amount of damages which the plaintiff is entitled to recover. * * * "

Thereafter defendant requested in writing affirmative charges 1 and 2, which were refused.

Th…