Groonstad v. Robins Dry Dock & Repair Co.

Blackmar, P. J.:

The judge presiding at the trial charged the jury the rule of apportionment of damages for contributory negligence. To this the defendant excepted. However, when the case came before this court, no point as to that exception was made by the defendant in its brief or oral argument. This court, therefore, did not consider that question but affirmed the judgment, the opinion ending with these words: “No error being found in the exceptions urged and considered, and no further points being presented by the appellant, the judgment and order should be affirmed, with costs.”

A motion…