Brown v. Higgins & Dyer Construction Co.

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellant sued to recover for damages to his garden alleged to have been caused by appellee. During the introduction of his evidence the court’s rulings were such that he had no evidence that appellee caused the damages and there was no proof as to the amount of the damages. At the close of his evidence the court directed a verdict. He has not assigned any error with reference to the court’s rulings on the exclusion of evidence. An alleged error cannot be reviewed on appeal unless covered by the formal assignment of error upon the…