Opinion
No. 9472.
December 2, 1940. Rehearing Denied January 14, 1941.
Appeal from the District Court of the United States for the Northern District of Texas; William H. Atwell, Judge.
Action between the Maryland Casualty Company and George H. Talley. From an adverse judgment, the Maryland Casualty Company appeals.
Affirmed.
C.E. Kennemer, Jr., and Hoyet A. Armstrong, both of Dallas, Tex., for appellant.
John White, of Dallas Tex., for appellee.
Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.
The ground for a directed verdict now urged was not stated when the motion was made as required by Rule of Civil Procedure 50, 28 U.S.C.A. following section 723c; and the record indicates it was then waived. No exceptions to the charge were preserved. No question of law is presented for our decision.
Judgment affirmed.