Algernon Sims v. Texas and New Orleans Railroad Company

This appeal presents only alleged errors based on the charge of the trial court and the refusal of the court to give specific requested charges.

At the conclusion of the testimony and argument of counsel the court inquired: “Now Gentlemen, are there any exceptions to the charge?” To this inquiry counsel for appellee made several detailed criticisms of the charge as given. Appellant’s counsel answered: “The plaintiff is satisfied with the charge.” Thus, as plainly as can be done, appellant waived any error that may have occurred in either the charge as given or the refusal of requested charges.…