Touse v. Consolidated Ry. & Power Co.

STRAUP, J.,

(dissenting.)

1. I cannot concur in the opinion of the majority court. This was an appeal from the judgment. The assigned errors all relate to the admission or exclusion of testimony, on charging the jury, and refusing to charge as appellant .requested. Proper exceptions were had and all properly reserved by a bill of exceptions. It seems clear to me such matters are properly before us for review without first requiring a motion for a new trial to have been made before the trial court. They are “rulings” or “decisions in the action or proceeding to which exceptions have been taken…