Hines v. Owens

1. A failure of the court to charge a certain proposition of law furnishes no ground for complaint to a party to the suit who does not rely upon such proposition of law to sustain his case. It follows therefore that in a suit against a railroad company for personal injuries, where the plaintiff alleges, as negligence causing the injury, that the defendant failed to blow the whistle of its locomotive when approaching the crossing at which the injury occurred, and where the defendant in its pleadings denies such failure and alleges that it did blow the whistle and offers evidence to sustain…