Southern Pacific Railroad v. Superior Court of San Francisco

The Court.

Motion to compel the respondent to settle a bill of exceptions.

After a verdict had been rendered against the petitioner it gave notice of its intention to move for a new trial, and caused to be settled and filed with the clerk a bill of exceptions which it had prepared, and also filed an affidavit made in its behalf, stating “ that after the court had instructed the jury, and the jury had retired to deliberate upon their verdict, the said jury returned into court, when the following occurred: The foreman of the jury, addressing the court, said: ‘The jury would like to be instructed,…