Chicago & Alton Railroad v. Robbins

It is urged that it was reversible error for the court in the absence of counsel to instruct the jury to compute damages up to the time of the trial of the cause.

We do not think that, the jury having asked for further instructions, it was the duty of the court to delay an answer until appellant or its counsel could be hunted up and brought in. The entire proceeding was in open court. The absence of appellant was entirely voluntary on its part, and the court was-under no obligation under such circumstances to keep the jury waiting until appellant came in. Mor do we think that the mere omission…