Denison Cotton Mill Co. v. McAmis

(after stating the facts as above). It not appearing in the record that the refusal to give the requested peremptory instruction was excepted to, we cannot consider an assignment complaining of such refusal. Therefore the first and second assignments of error are overruled. Railway Co. v. Wilson, 176 S. W. 619.

By the third assignment of error it is contended that the defendant pleaded assumed risk as a defense, and such plea is not denied by plaintiff, and for that' reason the pleadings would not permit appellee to recover in the case. It has been decided that the defendant waived any right…