Black v. Winterstein

Lake, Ch. J.

Although the instructions given to the jury by the court upon its own motion were in some respects clearly erroneous, and probably led to the return of an insufficient verdict, yet as no exception was taken at the time they will not now be considered.

*225In civil actions especially, in order to obtain a review in this court of instructions given to a jury upon the trial in the court below, it is absolutely necessary that they be excepted to when given. And the rule is the same when a proper instruction is tendered by a party and erroneously rejected by the court. The only one of the…