As can be seen from the quoted material, this rule forecloses appellate review of alleged errors in instructions which were not raised on the motion for a new trial. See also Braun v. Martin, 70 N.D. 216, 293 N.W. 317 (1940); Isensee Motors v. Godfrey, 61 N.D. 435, 238 N.W. 550 (1931); Stoll v. Davis, 26 N.D. 373, 144 N.W. 433 (1913). IV PRESUMPTION-OF-TRUTH INSTRUCTION
Nevland v. Njust, 78 N.D. 747, 51 N.W.2d 845; Enget v. Neff, 77 N.D. 356, 43 N.W.2d 644; Jacobs v. Bever, 79 N.D. 168, 55 N.W.2d 512; Montana-Dakota Utilities Co. v. Culver, N.D., 80 N.W.2d 541; Montana-Dakota Utilities Co. v. Amann, N.D., 81 N.W.2d 628; Mills v. Roggensack, N.D., 92 N.W.2d 722; Long v. People's Department Store, N.D., 95 N.W.2d 904; Sullwold v. Hoger, N.D., 110 N.W.2d 457; C. M., Inc., v. Northern Founders Insurance Company of North Dakota, N.D., 112 N.W.2d 827. It is also well settled that where a motion for new trial is made, errors of law, including errors in instructions, not specified in the motion for a new trial, are waived. Redahl v. Stevens, 64 N.D. 154, 250 N.W. 534; Braun v. Martin, 70 N.D. 216, 293 N.W. 317; Enget v. Neff, 77 N.D. 356, 43 N.W.2d 644; Morton v. Dakota Transfer Storage Co., 78 N.D. 551, 50 N.W.2d 505; Goodman v. Mevorah, 79 N.D. 653, 59 N.W.2d 192; Montana-Dakota Utilities Co. v. Culver, N.D., 80 N.W.2d 541; Mills v. Roggensack, N.D., 92 N.W.2d 722. However, we have reviewed the errors set forth and argued in the respective briefs of the defendants and their oral argument before this court.
"Plaintiff's remaining specifications of error relate to the judge's instructions to the jury and his refusal to give certain requested instructions. Some of the instructions specified as error upon appeal were not specified as error upon the motion for a new trial and no error was specified upon the motion for new trial because of a refusal to give requested instructions. It is well settled that where a motion for a new trial is made, errors of law, including errors in instructions, not specified in the motion for a new trial are waived. Redahl v. Stevens, 64 N.D. 154, 250 N.W. 534; Braun v. Martin, 70 N.D. 216, 293 N.W. 317; Enget v. Neff, 77 N.D. 356, 43 N.W.2d 644. We shall therefore consider only those specifications asserted both on the motion for a new trial and upon this appeal.
Plaintiff's remaining specifications of error relate to the judge's instructions to the jury and his refusal to give certain requested instructions. Some of the instructions specified as error upon appeal were not specified as error upon the motion for new trial and no error was specified upon the motion for new trial because of a refusal to give requested instructions. It is well settled that where a motion for a new trial is made, errors of law, including errors in instructions, not specified in the motion for a new trial are waived. Redahl v. Stevens, 64 N.D. 154, 250 N.W. 534; Braun v. Martin, 70 N.D. 216, 293 N.W. 317; Enget v. Neff, 77 N.D. 356, 43 N.W.2d 644. We shall therefore consider only those specifications asserted both on the motion for a new trial and upon this appeal.