...felonious assault, and convicted of an a=sault and battery with a weapon. The only exception arises from the refusal of the court, to charge the jury as requested by the defendant, and overruling a motion in arrest of judgment . The second and third charges requested,...

...Bates, Partn. § 450, and cases there cited. The assignments of error from 4 to 14, inclusive, relate to the refusal of the court to charge the jury as requested by the defendants. These requests are as follows: "2J In this case, by the testimony of one of the plaintiffs,...

...the injury, he cannot recover. I leave that to the jury." The seventeenth assignment of error relates to the refusal of the court to charge the jury, as requested by defendant's counsel, as to whether, as a matter of law, the plaintiff could go there and do his work,...

...or as to his place of residence, when he did return. [2.] The next ground of error assigned is, as to the refusal of the Court to charge the Jury as requested by counsel for complainant, and to the charge as given by the Court to the Jury, as the same appears in...

...contributory negligence. The only errors discussed in plaintiff's brief, and therefore before us, relate to the refusal of the court to charge the jury as requested. Seven of the requests relate to what would constitute actionable negligence on the part of defendant...

...the respondent is evident, in view of the course which the trial took. Error is also assigned upon the refusal of the court to charge the jury as requested by respondent's counsel. We have examined these requests with some care, as well as the charge, and are...

...plaintiff in error. WALKER, for defendants in error. By the Court. — McDoNALD, J. delivering the opinion. The refusal of the Court to charge the Jury as requested by defendant's Counsel, and the charge of the Court to the Jury as given by him, are excepted to by said...

...relied on the following point: — The point upon which defendant relies, is raised by the exception to the refusal of the Court to charge the jury as requested; viz.: that the plaintiff, in order to effect a sale, and in consideration that the defendant would...

...court in Stokes v. SaltoMtall. We see no necessity for reconsidering that case. There was no error in the refusal of the court to charge the jury as requested by the defendants. Each request involved the determination of a question of fact by the court, where there...

...have been warranted in ordering a verdict for the defendant. Fifth — The other exception relates to the refusal of the court to charge the jury, as requested by the defendant's counsel, upon certain propositions submitted to him after he had charged them fully on...